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Kosciusko County Board of Zoning Appeals continued a request to allow chickens in a residential district during a meeting Tuesday.
Christopher Wilson presented a petition for an exception allowing chickens at 2290 S. Sunrise Circle, Warsaw. Wilson said his young daughter is wanting to keep approximately five to six chickens and that the chicken coop itself would be very small. He also said his daughter had discussed the topic with all their neighbors and received their approval.
"They were very eager to have her do it," said Wilson.
Area Plan Commission Director Matt Sandy asked Wilson about prior restrictions regarding animals in the subdivision. Wilson said some nearby property owners had horses, donkeys, ducks and chickens. He also noted the area did not have an active homeowners association.
"In the subdivision?" asked Sandy about the animals. "Already approved by this board?"
Wilson pointed out locations with animals and assumed that property owners completed exception requests like he did. Sandy said he couldn't recall any previous instances of residents in that area bringing requests before the BZA.
"It's possible those are violations then," said Sandy.
The board continued Wilson's request to their June meeting to allow time for researching any prior animal requests from nearby property owners.
In other business, the board approved a variance for Marlin Slabaugh to permit allowing a second residence to be constructed on a tract of ground at 8170 W. 750N, Etna Green. However, this was approved with several restricted covenants. Local attorney Steve Snyder, on behalf of Slabaugh, attended the meeting. The covenants regarding the second residence include neither of the residences can be occupied by any persons other than the family of the grantees and their guests without the BZA's approval. Family includes the grantees and the grantees' lineal descendants.
"Marlin is a bishop in his church and he has to reside in his district," said Snyder. "He's looked around for other properties on which to construct a residence ... nothing is available within his district, and he doesn't want to give up his status as a bishop, and that's understandable. But this would solve the problem of anyone other than family members occupying (the home.)"
The board also requested the approval include a covenant about the second home having a separate septic and well system.
Arlin Hochstetler presented a petition for an exception permitting a home-based business, specifically construction, at 9334 N. 900W, Nappanee, which is in an agricultural district. Hochstetler told the board that including himself, there's a total of 18 employees who work at the business.
"Since this has happened, with how some of the rapid growth took place, this was never intended to be on my home property," said Hochstetler. "I'm asking for permission to continue operating the way we have been."
The board approved Hochstetler's petition.
The BZA also:
• Approved a petition from Darin Miller for an exception allowing a home-based business, specifically artisan wood finishing, at 9231 W. 450N, Etna Green, which is in an agricultural district.
• Approved a petition from John and Lisa Rubenacker for a variance permitting the placement of a 10-foot by 20-foot shed 7 feet and eight inches from the road's right-of-way at 7246 E. South Barbee Drive, Pierceton.
• Approved a petition from Matthew Ferguson for a variance permitting construction, including the enclosure of an existing deck and a second story addition to a house, at 35 EMS B40C Lane, Leesburg. However, the board requested the deck be 25 feet from the right-of-way and 5 feet from the side property line, instead of the proposed 23 and 3 feet, respectively.
• Approved a petition from Chauncey and Aleta Smith for a variance allowing a shed to remain 12.5 feet from the east right-of-way at 420 S. Washington St., Pierceton. However, if the area of Ash Street is platted for any additional residential development, the BZA stipulated the shed would need to be moved.
• Approved a petition from Steven Tripp for a variance allowing a shed to be placed 2 feet from the property line at 7 EMS C19C Lane, Warsaw.
• Approved a petition from Nicholas Hiestand for a variance allowing an LP tank to remain as placed, 1.5 feet from the northwest property line at 63 EMS B1A Lane, Leesburg.
• Approved a petition from Scott Grimes for a variance allowing the reconstruction of a residence 10 feet from the road's right-of-way at 10477 N. Grand Blvd., Syracuse.
• Approved a petition from Kristian Eicher for a variance permitting the construction of a residence addition zero feet from the side property line at 221 E. Main St., Atwood.
The board's next meeting is at 9 a.m. Tuesday, June 9, in the Kosciusko County Justice Building.
