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After months of petitions, hearings and appeals, John Leonard finally had his petition approved Tuesday by the Kosciusko County Board of Zoning Appeals.
Leonard previously petitioned in 1998 for a variance to permit the construction of a boathouse zero feet from the water's edge of Wawasee Lake and zero feet from the right-of-way of the road. The property is on both sides of Lower Cedar Point Road in Turkey Creek Township.
He also petitioned for an exception for an oversize accessory building.
Last year, the BZA granted the exception but said Leonard must place the boathouse 5 feet from the road right-of-way and the access must be on the side, not to the road side.
Leonard appealed the side access and the 5-foot setback to the courts. The judge, unable to make a decision, ordered that the petition be reheard.
At the April BZA meeting, Leonard brought his attorney, Steve Snyder, to argue the petition, and three witnesses to testify.
After some debate and discussion, four BZA members made a trip to Leonard's property for their own visual inspection.
Tuesday, the BZA approved Leonard's petition by a vote of 4 to 1, with board member Ron Sharp strongly opposing the petition because he said the state wasn't contacted enough about Leonard's decision and alternatives.
Leonard said he spoke to a representative from the Department of Natural Resources who said they would work with him.
Board member Vic Virgil said he changed his mind after visiting the site.
"I think we should give him what he wants," Virgil said.
Snyder told the board Leonard would sign a waiver of county liability.
Leonard's petition was one of 41 approved. There were also two approved with conditions, four denied and three continued.
One petition was denied because the petitioner failed to show up for the second month in a row. Three cases were continued because the petitioners failed to appear in person and the BZA wanted to give them the "benefit of the doubt."
The Kosciusko County BZA meets at 8:30 a.m. on the second Tuesday of each month.
