Commissioners Compromise On Lake Wawasee Road Vacation
Commissioners Compromise On Lake Wawasee Road Vacation
Posted
Mark Howe-mhowe@timesuniononline.com
Commissioners Compromise On Lake Wawasee Road VacationKosciusko County Commissioners decided to compromise on a right-of-way vacation near Syracuse at its meeting Tuesday morning.
Earlier this month, Monica M. Weigand, through Syracuse attorney Steve Snyder, had asked the county’s area plan commission to approve vacating a 10-foot section of roadway between properties at 11136 and 11140 North Ideal Beach Drive. The roadway provides the public a way to get to Lake Wawasee, allows pier crews to put in and take out docks, and gives access to the lake for emergency services.
Snyder said his client wants a clear title to be able to sell the property, including owning the fence and one foot on the south side of the fence for maintenance of the fence.
In 2003, William Pipp, a property owner at the time, entered into an encroachment agreement that allowed him to keep a wooden fence built in the right-of-way. The agreement states if that fence were to be replaced, the new fence would have to be placed within the property line.
“Sometime between 2003 and now, a vinyl fence was built to replace the wood fence, and the vinyl fence is further into the right-of-way,” County Plan Commission Director Dan Richard told the county commissioners. “What this petition does is not only give the land to the homeowner, but a foot of the right of way on the other side for maintenance of the fence.
Snyder said there was some dispute of where the wood fence was located when the 2003 agreement was reached.
“There’s been a statement made that it was relocated,” he said. “Both the property owners and I don’t believe that it was. It was upgraded to a vinyl fence instead of a wood fence that needed repair, but I don’t think the location of it has changed, even though Jerry Lessig’s survey would indicate that’s what occurred.”
At the September APC meeting there were letters of remonstrance from “several” pier operators and from Turkey Creek Fire Territory chief Mickey Scott, according to Richard.
The APC voted 7-1 to recommend county commissioners deny the request, in part because the 2003 agreement had been violated, according to Richard.
County commissioner Brad Jackson and Bob Conley spent several minutes working on a compromise, and the solution they came up with was to vacate the land up to where the old wooden fence once was, then allow encroachment to where the vinyl fence currently sits. The commissioners added a condition that if the vinyl fence is replaced, it has to be placed where the wood fence, now the property line, is.
The agreement reduces the right-of-way from 24 feet to around 14 feet. Snyder said he would draw up the paperwork, and Richard said he’s review it before the commissioners give final approval at a future meeting.
There were other items of planning-related business for the commissioners. They approved a zoning change from agricultural to commercial for Shankster Brothers of Silver Lake for expanding its septic business.
Commissioners also agreed to put a moratorium on building permits for wind turbines and wind farms while the APC draws up an ordinance tightening up the regulations for alternative energy-producing facilities in the county. Richard told commissioners there are no active permits.
County Coroner Tony Ciriello asked the commissioners to enter into a mutual aid agreement for forensic services and supplies with St. Joseph and LaPorte counties. Ciriello said that in the event of a mass-fatality disaster, such as a tornado, having some help would be helpful during a tragedy.
“St. Joe County has the largest supply of the things we would need for disaster response than anybody else in the state,” said Ciriello.
Conley said “anytime we can help each other out, especially in those types of situations, it makes sense to do that,” adding that the agreement would be in the best interest of the community.” The commissioners signed the agreement.
In other business the commissioners:
• Approved an agreement with NIPSCO that affirms an $80,000 settlement for county road damage during the project where high-power electrical transmission lines were installed late last year and earlier this year. Commissioners also signed a letter that allows NIPSCO to free up bond money related to the project.
• Set a bid date of 9:15 a.m. Nov. 13 for county highway supplies such as asphalt and other bulk items.
The next county commission meeting will be at 9 a.m. Oct. 2 at the courthouse.
