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Despite approximately two dozen remonstrators, the Kosciusko County Board of Zoning Appeals unanimously approved Douglas Anderson's petition Tuesday for an exception for boat storage in an agricultural district.
The property is on the east side of Warner Road and zero feet north of the railroad right of way in Turkey Creek.
The petition was heard by hearing officer Vic Virgil but appealed June 22 to the full five-member BZA by a remonstrator after Virgil granted the petition June 11.
Restrictions on the approval included that any change or deviation will require another hearing and BZA approval. The exception is for one 100-foot by 120-foot storage building only. A 100-foot by 120-foot outside storage area may be added on the east side of the proposed building, but must be enclosed with an 8-foot tall chain link fence with solid screening slats added to the fencing along the south side. Only boat trailers may be placed within the outside storage area and all boats will be confined within the building. No other outside storage or parking will be allowed on premises.
Attorney Steve Snyder, representing Anderson, said the proposal is to alleviate some crowding at the marina. What was being built on the property is "nothing different than what you see in an agricultural area. In an agricultural district, warehouse structures like this are permitted. Whatever is outside, will be fenced. We fit the area," Snyder said.
Dick Tillman, representing a group of remonstrators, said, "The main objection is not keeping with the rural area, keeping with the ambiance of the neighborhood."
He said the area is rural, and allowing a commercial building would not "be in character." He also questioned the safety of the boat storage in the neighborhood.
"We feel," he said, "it's a very serious concern."
Area Plan Commission Director Dan Richard presented a letter to the BZA from the Wawasee Property Owners' Association approving of the petition if there is screening.
Alan Levinson, remonstrator, said families of some of the property owners in the area go back 100 years or more. "We believe property owners adjacent have more concern on this than people who don't live there."
He said they didn't need commercial establishments in their neighborhood.
A female remonstrator said she was concerned about preserving the "green belt" in the area. Another remonstrator said, if one property becomes commercial, "where does it stop?" He said commercial businesses in the area may affect the quality of water in the area.
Mike Umbaugh said he lives across from the property and he would prefer to look out the back of his house and see farmland.
"The only reason the service is there," said board member Charlie Haffner, "is because it is used."
He said the building is set back 120 feet from the road and 70 feet from the railroad tracks.
Haffner suggested that in the future, "when you have a concern about something like this, you need to contact the petitioner before waiting until the last minute."
He also said Kosciusko County is changing and people cannot expect the area to stay the same.
In other business, the BZA:
• Approved Kris Dierks' petition for an exception for mineral extraction in an agricultural district. The property is on the north side of CR 1000S and 1,300 feet east of CR 600E in Jackson Township. The BZA did require Dierks to provide his own access to the site for mineral extraction.
• Approved Carey Realty's petition for an exception for mineral extraction in an Industrial II District. The property is on the east side of Ind. 15 and south of CR 600N in Plain Township. The BZA required that Dave Carey, owner, must get approval from the state highway department to have access onto Ind. 15 for the mineral extraction.
Members of the BZA include Bob Beer, Walter Church, Vic Virgil, Charlie Haffner and Ron Sharp. They meet at 8:30 a.m. in the county courthouse or in the Munson Building, North Lake Street, on the second Tuesday of every month.
