The Kosciusko County Commissioners went against a recommendation from the Area Plan Commission this morning and granted a road vacation in Cherry Creek Manor Subdivision.
The request was made by Jacob and Kathleen Macke who live on Blossom Lane in the subdivision located off Packerton Road between Pierceton Road and CR 225S.
When the Mackes' property was built it was within the 35-foot setback required by county ordinance.
The home's builder, Wendell Miller, was given three options, according to Area Plan Director Dan Richard.
The foundation could have been moved, they could have applied for a setback variance with the County Board of Zoning Appeals or asked for a road vacation of a portion of Blossom Lane that extends out like a cul-de-sac.
Attorney Richard Helm represented the Mackes at the Area Plan Commission meeting Jan. 5 and again this morning.
During the plan commission's meeting earlier this month, the recommendation was to not allow the road vacation and that the Mackes should appear before the county board of zoning appeals.
Helm contested that the situation was more suited toward a vacation than a variance and that there was no legal reason that a vacation shouldn't be allowed.
"I'll say this respectfully but I've been encountering (plan commission) board members who say they are entitled to their opinion when it is regarding law," said Helm this morning.
Helm also said that it was suggested that if the commissioners followed the plan commission's recommendation that the position of the board of zoning appeals is "wink, wink we'll approve it."
It was noted that there was nobody present at either the plan commission or county commissioners meeting to speak against the vacation. Nor were there any letters of remonstrance.
Helm said about 80 percent of the property owners in the neighborhood were fine with the vacation. And of the other 20 percent, not all were able to be reached.
One issue pointed out by Area Plan Director Dan Richard was the ability for utilities to be accessed if the section of road was vacated.
Helm said state law gives utilities an easement wherever they are in-ground and that he would draft a document to go along with the plat that would allow any and all utilities access to the vacated road in the future.
Commissioner Ron Truex said he didn't feel like they should delay a decision another month for the Mackes.
"If area plan said the house should be moved I'd vote against the vacation," said Truex.
"I just hate to go against area plan," said commissioner Brad Jackson.
"I don't want to go against the public," said Truex noting a lack of remonstrance. "Our duty is to serve the public."
Truex made the motion to allow the vacation with commissioner Bob Conley seconding the motion.
The vacation was approved 2-0 with Jackson abstaining.
