The ongoing debate concerning vacating undeveloped public ways to homeowners continued at the Kosciusko Area Plan Commission meeting Wednesday.
David and Vickie Metzger own three lots in Mort’s addition on Barbee Lake.
Attorney Steve Snyder represented the Metzgers Wednesday afternoon and said they are looking to combine contiguous lots 6, 7 and 12.
Lots 6 and 7 have a 10-foot undeveloped public way that leads to the lake.
Plan Director Dan Richard said the plan commission’s technical committee approved the vacation but did so since it was under the impression that the public way would be relocated.
Richard contended the language in the petition stated the public way would be relocated.
Snyder contended it was simply an error in the heading and that the language of the petition clearly stated it was simply a vacation of the public way.
Snyder said the reasoning for the Metzgers to seek the vacation is to get a larger, “more reasonable” plat size for their home.
County surveyor Dick Kemper contested that vacating public ways to lakes goes against the public trust.
Kemper is one of nine member of the plan commission.
Commission member Keith Hardy countered that he felt property owners were shorted in these situations and said that people can still access lakes through public access points.
“If we continue on this path in the future,” said Kemper, “the only access to lakes will be public launches.”
Snyder said the plan commission has made ordinances that allow an unlimited number of people to use public ways but restricts that ability for homeowners on their own land.
After more than an hour of discussion, the plan commission made a recommendation that would close the current public way between lots 6 and 7 and move it to the southeast corner of the Metzgers’ other lot.
The vote was 6-1-1 with county councilman James Moyer voting against and plan commission president Chuck Haffner abstaining.
The commissioners will make a final decision at its June 19 meeting at 9:15 a.m.
In other business, the plan commission approved allowing flea markets to be an exemption for Industrial 2 zoning areas.
It moves to the county board of zoning appeals for final approval.
Follow staff writer Daniel Riordan on Twitter at @TUNews_Riordan
