A "fruit and veggie stand that got out of hand" – as described by an attorney in a zoning dispute – got approval from the Kosciusko County Area Plan Commission Wednesday.
Blue Barn Berry Farm’s request to have 8.16 acres rezoned from residential to agricultural was granted.
Attorney Steve Snyder described BBBF as “out of hand” during the meeting when arguing on behalf of three neighboring homeowners who were against the rezoning.
The BBBF began operating at 9139 N. 300E, Syracuse, six years ago as a U-Pick blueberry farm and is owned and operated by Peggy Bucher and Shanda Scheeren. The u-pick farm has gradually added a country market, pavilions and now has an event center that's capable of hosting 200-person weddings. It also sits on the shores of Lake Jacob. The neighbors who bought homes along the ski lake have been bothered by the expansion of Blue Barn and said they've even been told they can't ski on the lake during weddings.
They neighbors also say the damage being done to Lake Jacob's water level and other problems are being caused by runoff from BBBF.
"It's got no outlet. It's got problems," Snyder said. Snyder said people have lived in those homes for 30 plus years and changing the zoning from residential to agricultural not only changes the land's uses, but more importantly, allows for exceptions that could potentially be approved by the county's board of zoning appeals.
BBBF insists the expansion of their business over six years has been done through due process with requests and hearings and approvals by the BZA.
They also say they've never told neighbors they cannot use the ski lake, but they did ask them if they would refrain from skiing for 10 or 15 minutes while wedding vows are said.
"That's just a neighborly request, and if that can't happen, then there's not much we can do about it," BBBF attorney Jack Birch said.
Chris Scheeren also refuted the damage to Lake Jacob and said they paid for a survey to be done, at the demand of the homeowners, and found that was simply not true. Scheeren also noted that the business is certainly that – a business. But that it's been one that gives back to the community and has been a boon to the county's economic development. He said BBBF has hosted 122 events in the last four years, but now Snyder and the homeowners "think they've found a loophole" in the law.
BBBF also contends 60% of the land is actually used for agriculture – their blueberry fields are still what they do.
The plan commission said any potential exceptions in the past or that will come forward in the future are for the BZA to handle, not them.
They moved forward with their recommendation that the acreage be rezoned from residential to agricultural. The commissioners will be presented with that at 9:15 a.m. Sept. 17 in the Old Courtroom.
