The Area Plan Commission decided not to give a favorable recommendation to a road vacation request near Beaver Dam Lake.
The request came from resident Stephen Osbon who lives next to the undeveloped road off Lydia Drive.
The roadway, which is a 20-feet- wide patch of grass that goes down to the lake, gives other residents access to the lake.
Photos show Osbon has kept a boat and trailer parked in the roadway.
Osbon said that doesn't keep people from reaching the lake.
He also said that after his family has owned the property for 45 years, he has done a lot to improve the land near there.
He and a neighbor put up a seawall to keep from ground washing up at the shoreline.
Osbon also said that people who use the roadway to get to the water, leave trash, piers and piping all along his property and the shoreline.
Osbon was represented by attorney Jay Lavender.
The reason for the vacation request, Osbon said, was to put in drainage. He said adjacent properties cause water to run down through his property.
The plan commission voted against the vacation stating it was a public way, but county commissioner Bob Conley offered his help to resolve the issues between Osbon and his neighbor, Don Wright.
All recommendations from the plan commission will appear before the county commissioners Nov. 23 at 9:15 a.m.
Jack and Karen Moon's request to rezone land on their property on the north side of CR 500S west of Scott Road in Seward Township was approved.
The Moons originally asked 19.89 acres be rezoned but agreed to have only 6-plus acres rezoned.
Jack Moon said he was jus looking for enough land to build a home and was fine with leaving the rest agricultural.
The commission approved the rezoning 7-0 with board member Charlie Haffner abstaining.
A preliminary plat was approved in Shadow Lakes Estates as well. The request included changing the setbacks from 35 to 25 feet. Since it is in an area with sewer the shorter setback is allowed by the county.
The subdivision is owned by Dale Custer who was on hand Wednesday.
Michael Stout spoke out against the action saying that Custer had trespassed on his land and destroyed the natural habitat in the area.
Stout also claimed there are drainage issues as well.
Custer said those allegations were the first he'd heard of them.
The plan commission approved the request stating Stout's issues were more of a civil matter and not under the control of the plan commission.
The vote was 7-1 with Haffner voting against.
Area plan director Dan Richard and county surveyor Dick Kemper offered their assistance in the situation.
The commission also approved a preliminary plat for 18-plus acres on CR 300E, south of CR 1300N in Van Buren Township. A four-lot subdivision is planned for that area.
The plan commission gave a favorable recommendation for the Zile family in Silver Lake to rezone 23/100 acre off Sycamore Street in Lake Township form public use to residential.
The Silver Lake Town Council will vote on it at 7 p.m. Tuesday during its monthly meeting.
A road vacation on the southside of Hoffman Lake in Old Ray Subdivision was continued until next month's meeting.
The plan commission meets the first Wednesday of every month at 1 p.m. in the old courtroom.
