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Before beginning any new construction or a home business, Kosciusko County residents should get the proper permits first and adhere to the restrictions of the permits and county ordinances.
That's the message the Kosciusko County Board of Zoning Appeals sent Tuesday to petitioners who failed to get permits.
Sarah Richcreek petitioned for an exception for seasonal sales of fruits and vegetables. She wanted to sell her wares from April to the end of November. The property is on CR 500N, two houses east of PJ's Too.
The problem was that the BZA has been after her for the past two years to get the exception, Kosciusko County Area Plan Commission Director Dan Richard told the board Tuesday. The BZA approved the exception but will fine her $100. If Richcreek does not agree to the fine, the BZA will take her to court for the full amount of the fine. Richcreek said she agreed to the fine.
The BZA approved fining James Walters $2,500 for building an addition to a second residence/guest house onto the residence of Joe Vanderfleet without having the proper permits before construction began. The property is on the west side of Cedar Point Low Road in Turkey Creek Township.
Walters said the fine seemed excessive to him.
Richard said Walters started the construction without the proper permit. And once Walters knew he needed the permit, Richard said, he took his time getting the permit.
"It was a flagrant violation," Richard said. If Walters does not agree to the proposed settlement of $2,500, Richard said, the matter will be taken to court.
Walters said he would talk to Vanderfleet about the fine.
The BZA heard 36 petitions Tuesday. Twenty-three were approved, 10 were denied, one was dropped and two were continued.
Some of the petitions denied included:
• Judith Priest's petition for a variance to replace a mobile home and covered porch on a lot with less than 5,000 square feet. The property is on the north side of EMS B61 Lane and 250 feet west of EMS B61C Lane in Tippecanoe Township. Priest failed to show for the hearing for the second month in a row.
• James and Katie Orr's petition for a variance to permit the construction of a residence addition 20 feet from the water and approximately five feet from the west property line. The property is on the east side of Waco Point Drive North and 180 feet north of Waco Drive in Turkey Creek Township.
• Barbara Caracci's petition for a variance to change a non-conforming use by allowing the conversion of an old residence into overflow sleeping quarters too close to the right of way in a residential district. The property is on the north side of Hiner Road and 310 feet east of EMS W17C Lane in Tippecanoe Township.
• Robert Robinson's petition for a variance to permit the construction of a boat/guesthouse zero feet from the water's edge, two feet from each side property line and three feet from the right of way of Rosella Street. The property is on the north side of Rosella Street and 190 feet east of Rosella Street in Turkey Creek Township.
• Cesar Vazquez's petition for a variance to allow a privacy fence to remain six feet tall in the front setback. The property is on the north side of River Avenue and zero feet west of Birdview Drive in Plain Township.
The only petition dropped was by Hide-Away Hills for a variance to permit an addition to remain closer than 20 feet to another structure and to allow all other structures to remain as placed. The property is on the south side of CR 250S and 1,320 feet west of CR 200W in Wayne Township.
Members of the BZA include Vic Virgil, Walter Church, Bob Beer, Charlie Haffner and Ron Sharp. They meet at 8:30 a.m. on the second Tuesday of every month in the county courthouse or at the Munson Building, North Lake Street, Warsaw.
