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Kosciusko BZA Denies Exception For Milford Home-Based Business

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Kosciusko County Board of Zoning Appeals denied a petition for an exception for the construction of a storage building and workshop for a home-based business west of Milford during a Tuesday, Oct. 13 meeting.
At the board's September meeting, Isaac Miller presented the petition for his construction business at 2422 W. CR 1250N, Milford. During that meeting, Miller said he wanted to relocate the operation to the west side of his property. The board previously approved an exception and variance for Miller in November 2025 to allow his business to be in an agricultural district. Following statements from remonstrators, including Dawn Stichter, who lives directly west to the property; and Shad and Shawn Krull with Krull Farms, who own land in the area, the board continued Miller's request to October.
Local attorney Steve Snyder attended the BZA's October meeting on Miller's behalf. Snyder stated Miller was working on indoor storage so construction materials were not laying outside.
"Ultimately, a new shop would be attached to that warehouse," said Snyder. "That's a couple years down the road, after he gets the warehouse up."
Snyder said the estimated timeline would be to construct a warehouse immediately and move the whole operation to the west end of Miller's property by 2030. He also told the board trash issues would be significantly reduced with the warehouse's construction. A generator would be further away from where Miller initially planned on placing it, and behind a building.
Miller currently employs two people, and Snyder stated the operation's appearance would be typical to what's seen in agricultural work. Snyder also said he emphasized to Miller the importance of not burning items at the property.
BZA member Dan Richard asked Snyder when he spoke to Miller about burning on the property. Snyder said he spoke to him about it two days ago, with Richard noting he saw a large fire at the property about a week ago.
"No more fires, because one, it's against your ordinance and two, it's against state law," said Snyder.
"It's sounding like he's asking for three or four more years of continued noncompliance and having to look at it the way it is, when he should have had it in compliance the way he was originally approved," said Richard. "Is there anything he can do now to get closer to compliance?"
Snyder said Miller had cleaned the property, but Area Plan Director Matt Sandy said he drove by the property this week and thought it didn't look much different from the last time he saw it.
Stichter and the Krulls attended the October meeting to again voice their concerns with Miller's petition. Stitcher reemphasized that she still believed there wasn't a safe entry/exit point for a business operation in the area due to a nearby hill. She also stated if the business were moved to the west end of Miller's property, the buildings would be in her backyard.
"I've been there over 30 years and did not plan on living next door to an industrial area," said Stichter.
The Krulls also expressed concerns with the nearby hill causing traffic issues for Miller's operation, with Shad wondering about Miller connecting his business to NIPSCO instead of using a generator. Shawn asked about screening for the business with the construction materials currently being stored outside and also questioned the board about enforcement if further issues occur.
"When this was originally approved, part of the conditions were there was going to be a hoop building," said Sandy. "All of this was going to be put inside within six months ... didn't happen."
"Past performance is a pretty good indicator of future actions," said Shawn. "With the things he's done in the past, and the things you've asked him to do that didn't get done, I believe that's going to continue to be an issue."
In regard to Shad's question about connecting to NIPSCO, Snyder said since Miller is Amish, that wouldn't be possible due to his religious beliefs.
"One of the big issues that came to us (with this case) was the safety issue, with the hill and so forth," said BZA Chairman Lee Harman. "And we really, to my knowledge, had no idea of the impact this was having on the neighborhood in general."
Harman said he was at a point where he believed the operation had outgrown its current location, or would soon, but that he was unsure what the board's leeway was on that. Sandy said the home-based business concept the board is given to work with has grown beyond what it was intended for.
"If you feel this is growing to be more primary on the property (rather than secondary), it's pretty significant," said Sandy. "Half of this property is going to be dedicated to the business itself. I think you're within your rights to say, 'No, this has hit the limit for a home business.'”