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Two homeowners have been ordered to move their homes by the Kosciusko County Board of Zoning Appeals.
Billy and Linda Caudill must move their modular home within the next five years, the zoning board ruled Tuesday.
Also ordered to move their home were James and Frances Stambaugh.
The Caudills petitioned the BZA for a variance to permit their residence to remain 20.98 feet from the road right-of-way.
Their property is on the north side of Washington Street and west of Market Street in Pierceton. County ordinance requires a 35-foot setback from property lines.
The Caudills spent approximately $70,000 on their home and said they did not have a dime left to move the house if the board required them to do so. They have another property for sale and own their own business, Salvage Warehouse.
They purchased the home from an insurance company after it was damaged a year ago by a fire. It was located in Plymouth, Linda Caudill said today.
The house had to be moved from Plymouth before April because the couple who owned it were getting a new modular home April 15. If the Caudills didn't move the house by then, it would be moved by someone else and a lien would be put against it.
"We had to hurry," Linda said.
The Caudills have an extra lot on Van Ness Road and decided to put the home there and remodel it. When pouring the cement for the basement, they couldn't find the pins that marked their property boundaries. They put the basement where they thought was the correct location. This was done in March, she said.
Eventually, they decided to sell the house where they were living and stay in the modular home they had remodeled.
They had the land surveyed and that's when the trouble began. They discovered their new home wasn't as far back as it should be.
"It was just an honest mistake on our part," she said.
Linda said she contacted the BZA immediately after they realized the error, approximately three months ago. Last month, they had their first petition in front of the BZA. Only four members were present and the vote was tied at two to two. They were told to come back Tuesday.
The board denied their petition with all five members present at the second meeting, but gave the Caudills five years to move their home or correct the situation. The board said that if they allowed one petitioner to keep their home at an inappropriate spot, they would have to let everyone have their home within the same perimeters.
"It hit us pretty hard," Linda said.
Linda said she thought the board was pretty reasonable because the law is there to protect. But, she said, "We are kind of stuck here right now."
The Stambaughs were denied a petition for a variance which would permit allowing a residence to remain 16 feet from the right-of-way of Martin Drive and from Mallard Drive, 680 feet east of CR 600W in Seward Township.
The minimum requirement is 35 feet.
The Stambaughs have one year to come into compliance with the ordinance, according to Area Plan Director Dan Richards.
