County Commissioners voted this morning to deny vacating the remainder of a public access way on the north shore of Syracuse Lake. Commissioners voted to accept the Area Plan Commission’s recommendation to deny the vacation of a 10-foot-wide access way in the Indian Hills subdivision along East Northshore Drive. The recommendation was strong and unanimous, said Area Plan Director Dan Richard. The public way is what remains from a compromise decision in 2011 that vacated 15 of the 25-foot total width of the access. Petitioner Time Frame Properties wanted the remainder vacated as it prepares to demolish an older structure and build a new one, said attorney Steve Snyder, who argued that a public way does not necessarily mean public access and that there are other access points to the lake. Snyder noted the original land planners didn’t label the access as a road, and said the request doesn’t meet any of the four criteria for remonstrance, such as denying anyone access to their own land. Jack Birch, an attorney representing neighbors opposed to the vacation, noted the issue was already addressed and that vacating the land was an extreme solution when the petitioner has other options such as a setback variance request. He also observed that the access was there when the petitioner and other property owners moved in, creating certain expectations and affecting the perceived property value. Richard added that a 2002 decision on a road vacation in the area was made with the consideration that this access way was still available. The two attorneys did agree with Commissioner Bob Conley’s question of whether they considered the lake a public place. Commissioner Brad Jackson made the motion to accept the plan commission’s denial after a brief talk with Conley as they both huddled over the original subdivision map. Commissioners approved three other recommendations from the plan commission, including the vacation of Elaine Drive in the Marathon Industrial Park at the request of the Animal Welfare League, which uses the property as a drive; the rezoning of 1.72 acres just outside Leesburg from agricultural to commercial in order to allow construction of a retail store; and the vacation of a portion of Section Street in Milford requested by the owner of property on either side of the street. Also this morning, commissioners signed a letter of understanding with the Indiana Department of Transportation for an unofficial detour route during bridge work on Ind. 25 over Walnut Creek. The agreement will provide reimbursement for any damage sustained along the route, which follows Rozella Road from Ind. 25 to Ind. 15. The official detour follows state roads, noted county highway Superintendent Scott Tilden, who said he expects the state bridge project to take most of the summer.
