Kosciusko County Plan Commission once again had a request to vacate a portion of a public way at its monthly meeting Wednesday afternoon.
The request came from Time Frame Properties and was represented by attorney Steve Snyder.
There is a 32-foot-long tract of land from the southside North Shore Drive on the north side of Syracuse Lake to the water.
Snyder contended that due to the steep drop from the road, the piece of land that is currently zoned public way is unused.
He also said that case law and the Department of Natural Resources have stated that people who don’t own lakefront property can’t put a pier up at the end of a public way.
Snyder pointed to the fact that the plat for the area was written in 1935.
It is currently the last public way left in the Indian Hills subdivision off North Shore Drive. There were eight to begin with but the other seven have been vacated over time.
“If it serves no purpose and meets criteria, why not vacate?” asked Snyder.
Jack Ayotte appeared before the commission and said he had an agreement with a previous property owner to use that land to put a pier up.
Don Stewart who also lives in that area, and he said he had no idea it was a public way until he received a letter about Wednesday’s hearing, and if he had he would have used it before.
County surveyor and plan commission member Dick Kemper pointed to Stewart as a reason why the county should hold on to public ways rather than vacate them to put them on the tax rolls.
The piece of land in question could add up to $1,200 in property taxes for the county.
Kemper said the land is a resource not only for the public but in the future if it’s needed for utilities.
Snyder said there is a public park and town pier nearby that people can use if they so desire.
Area Plan Director Dan Richard handed the plan commission members letters from a couple who said they purchased land nearby contingent on use of the public way.
“Once it’s vacated it’s gone,” said Richard. “It’s an asset to Kosciusko County. I don’t think we’re doing the public’s job if we vacate.”
When put to a vote, the commission voted 5-2 to deny a favorable recommendation. The recommendation will next go to the Kosciusko County commissioners.
Board members Larry Coplen and Keith Hardy were against denying the recommendation while Kemper, Chuck Haffner, Bob Conley, James Moyer and Kevin McSherry voted for denying the recommendation.
Coplen said he would typically vote to keep land public way, but said this specific piece of land was impractical for public use considering the steep drop.
The issue will appear before the county commissioners April 26 at 9:15 a.m. The commissioners meet in the old courtroom at the Kosciusko County Courthouse.
Ed Allen was given a favorable recommendation to rezone a small piece of land on property off Huntington Street, 122 feet north of Boston Street in Syracuse.
Allen told the plan commission he wanted to match up the 5/100 of an acre of land with the rest of the land as zoned commercial. Currently, it is zoned as public use.
The favorable recommendation will go to the Syracuse Town Council, not the county commissioners. The Syracuse Town Council will review the rezoning request at their April 19 meeting at 7 p.m.
Oakbrook Homes had a preliminary plat approved to eliminate three lots and modify six others in the Crestview Subdivision in Wayne Township.
Attorney Larry Long represented Oakbrook Homes.
The development started in 2004 and is in the second of three phases.
Long said the request for a preliminary plat, instead of a final plat, came because drainage easements on the properties need to be moved.
A previous request by Don Impey to rezone land off Ind. 13 south of North Webster from agricultural to residential was withdrawn after it was reviewed by state departments that asked the petition be dropped.
Kosciusko County Plan Commission once again had a request to vacate a portion of a public way at its monthly meeting Wednesday afternoon.
The request came from Time Frame Properties and was represented by attorney Steve Snyder.
There is a 32-foot-long tract of land from the southside North Shore Drive on the north side of Syracuse Lake to the water.
Snyder contended that due to the steep drop from the road, the piece of land that is currently zoned public way is unused.
He also said that case law and the Department of Natural Resources have stated that people who don’t own lakefront property can’t put a pier up at the end of a public way.
Snyder pointed to the fact that the plat for the area was written in 1935.
It is currently the last public way left in the Indian Hills subdivision off North Shore Drive. There were eight to begin with but the other seven have been vacated over time.
“If it serves no purpose and meets criteria, why not vacate?” asked Snyder.
Jack Ayotte appeared before the commission and said he had an agreement with a previous property owner to use that land to put a pier up.
Don Stewart who also lives in that area, and he said he had no idea it was a public way until he received a letter about Wednesday’s hearing, and if he had he would have used it before.
County surveyor and plan commission member Dick Kemper pointed to Stewart as a reason why the county should hold on to public ways rather than vacate them to put them on the tax rolls.
The piece of land in question could add up to $1,200 in property taxes for the county.
Kemper said the land is a resource not only for the public but in the future if it’s needed for utilities.
Snyder said there is a public park and town pier nearby that people can use if they so desire.
Area Plan Director Dan Richard handed the plan commission members letters from a couple who said they purchased land nearby contingent on use of the public way.
“Once it’s vacated it’s gone,” said Richard. “It’s an asset to Kosciusko County. I don’t think we’re doing the public’s job if we vacate.”
When put to a vote, the commission voted 5-2 to deny a favorable recommendation. The recommendation will next go to the Kosciusko County commissioners.
Board members Larry Coplen and Keith Hardy were against denying the recommendation while Kemper, Chuck Haffner, Bob Conley, James Moyer and Kevin McSherry voted for denying the recommendation.
Coplen said he would typically vote to keep land public way, but said this specific piece of land was impractical for public use considering the steep drop.
The issue will appear before the county commissioners April 26 at 9:15 a.m. The commissioners meet in the old courtroom at the Kosciusko County Courthouse.
Ed Allen was given a favorable recommendation to rezone a small piece of land on property off Huntington Street, 122 feet north of Boston Street in Syracuse.
Allen told the plan commission he wanted to match up the 5/100 of an acre of land with the rest of the land as zoned commercial. Currently, it is zoned as public use.
The favorable recommendation will go to the Syracuse Town Council, not the county commissioners. The Syracuse Town Council will review the rezoning request at their April 19 meeting at 7 p.m.
Oakbrook Homes had a preliminary plat approved to eliminate three lots and modify six others in the Crestview Subdivision in Wayne Township.
Attorney Larry Long represented Oakbrook Homes.
The development started in 2004 and is in the second of three phases.
Long said the request for a preliminary plat, instead of a final plat, came because drainage easements on the properties need to be moved.
A previous request by Don Impey to rezone land off Ind. 13 south of North Webster from agricultural to residential was withdrawn after it was reviewed by state departments that asked the petition be dropped.
