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Kosciusko County Area Plan Commission met Wednesday, approving the vacation of a right-of-way that sits between two streets in Leesburg, and approval for rezonings.
Hoke Benefield, who was represented by attorney Steve Snyder, wanted to vacate the right-of-way next to his home and rental home between EMS B42F Lane and EMS B42 Lane on Sawmill Lake in Leesburg, for safety concerns. The hill that is covered in riprap stone is a safety concern to others who travel on it with golf carts or bicycles, that Benefield wants to see it gone before it causes more of an issue.
“It’s always been somewhat dangerous to go down that road,” stated Stephen Mafera Jr., the neighbor of Benefield. Mafera made the clarification that the roadway has never been developed, and the riprap only made it so travel became more complicated for cars and other vehicles.
Lee Harman, president of the commission, asked if the other neighbors would still have access to their properties if the vacation were to go through, since part of the vacation that runs through Hannah Street would possibly block off their access to other roads. Snyder commented it would not limit the access to EMS B42F Lane or EMS B42 Lane because of how their properties are situated on the two major roads.
Matt Goodnight, commission member, asked why the riprap was placed there if it was leading to such a big safety concern. Snyder stated it was put there to maintain the integrity of the hill and keep water away from Benefield’s home.
Neighbors Dan Curlin and Sharon Huston remonstrated, saying they often use that roadway because of how their house is situated. They were given access to the right-of-way by Benefield, but that privilege was revoked in June. Curlin and Huston also commented that parking their car near the lake, they have had fuel stolen from their vehicles.
Benefield rebutted, stating the riprap was there to protect his home, and there was no reason to keep this open because of the danger it poses to everyone who travels on it. The motion to approve the vacation as presented was seconded and passed with an 7-1 vote.
Lamar and Vonda Mast, who were represented by Snyder, petitioned to have their property, located on the north side of CR 1050N and west of Ind. 19 in Scott Township, to an agricultural II district. This is because of the property having two residences on it, which only allows them to have one homestead tax credit.
Snyder explained there are other agricultural II districts nearby, including one with eight small parcels, that have been divided. “There will be no loss of tillable acreage. The acreage that will be left over … will remain pasture,” he said.
With the proximity to Ind. 19, Snyder feels with the approval to the plat it makes it very attractive to make an agricultural II district. Matthew Sandy, area plan director, did bring up that the Masts did come to the commission asking for the second residence to be built, and the tax credit should not be a determining factor when it comes to approving or denying the petition.
Harman stated allowing two residences on the same property was not something that was normally permitted, but since it was a family, that is why it was approved.
Sandy brought up there has been at least a dozen or so parcels like this, but there is usually a covenant that goes on the deed stating neither track will be sold separately without the Board of Zoning Appeals approval. Harman asked if this would avoid problems later on when the owners tried to sell the property, since it does have two residences. Sandy said it would depend on how the commission looks at the comprehensive plan and what drives them to grow.
Curlin and Huston made remarks about how they use the right-of-way and it shouldn’t be vacated.
Snyder said the owners were willing to make concessions about the property not being subdivided any further after this one subdivision, because they want to leave the pasture as is. With it being part of the Amish community, they need it to feed and maintain horses.
“This is a can of worms that’s already opened,” stated vice president of the commission, Kevin McSherry. “There is a need for something. We’ve given them a lot of latitude over the years … I think we need to look beyond their faith, and be fair with all we do.”
McSherry wants to encourage deeded covenants if there were going to be more parcels like this, with Harman making the suggestion to add to the covenant not to have a third residence.
Bob Conley moved to accept the recommendation as a two lot, Agricultural II Subdivision with no third residence, and it was seconded. It was approved with a 9-0 vote.
Lyle Faulkner, represented by Snyder, petitioned to rezone ground located north of CR 1100N and West of Ind. 19 in Scott Township, from an ag district to an ag 2 district. Snyder brought up that this is going to be an ongoing issue as the housing market becomes more and more strained, that turning Faulkner’s 39.77-acre property into subdivision is a huge part of helping with the lack of housing in Kosciusko County.
Harman did say he is not comfortable with making a decision like this because it will open up more requests like this. Earl Mast, a neighbor to Faulkner, stated rezoning a property like this, it will put a home on an acre, which will equal about 39 homes. Harman moved to deny, which was seconded, and the denial moved forward.
In other business:
• Kenneth Light petitioned to rezone ground from an agricultural district to an agricultural II district on CR 1200S and CR 200W near Lake Township, so his grandson could live in his house, and his wife and himself could live in a cottage near the back of the property. The commission approved to rezone from an agricultural district to an agricultural II district, if Light could have all the steps he wants to take clearly explained. It passed unanimously.
• Ronnie Horn petitioned to rezone a lot from a commercial district to a residential district, located on Railroad Street and West Pearl Street in Etna Township. Horn brought up her home, once used to be an RV rental and cosmetology shop, is now just a home. By rezoning it to a residential, it would save her on taxes, since she does not run any type of business out of her home now. This was approved and passed unanimously.
• Roy and Gwendolyn Griffin, who were represented by Snyder, petitioned to rezone ground from a commercial to residential district, located on west side of East Street and North of Crow Road in Turkey Creek Township. Snyder remarked that Sandy wanted them there, meaning that “it is approved and we agree.” The motion was approved as presented, and passed unanimously.
Sandy is still moving forward with setting up an animal feeding operation committee with local agriculture producers. He explained the agriculture producers were busy with harvesting this time of year.
All but the Horn petition will go to the county commissioners at 9 a.m. Tuesday, Oct. 21. The Horn petition will go before the Etna Green Town Council during its regular meeting on Tuesday, Oct. 14 in the Etna Green Hall.
