Continuously serving Kosciusko County since 1854
Kosciusko County approved a rezoning Tuesday in one of the most unique requests ever heard locally.
Charles Eby explained that he wanted to subdivide his property near Dewart Lake so he could build a new home next to his existing home.
The desire to build anew began after his home was allegedly damaged with a weed spray from a company spraying weeds on property nearby, Eby said.
The company was treating a utility right-of-way for utility lines owned by American Electrical Power Lines.
Eby's home is located east of CR 500E and north of CR 900N.
Eby contends the spray has made him ill and said he doesn't feel safe living in the home.
The incident occurred on a windy day last summer. At the time of the spraying, the home's windows were wide open and the structure's cedar exterior and interior were exposed to the chemicals.
The cedar wood, according to his attorney, Steve Snyder, acted as a sponge, making it impossible to ever remove the chemicals.
A state chemist cited the company for using high-pressure hoses for the work, Snyder said.
Eby has been in an ongoing battle with the company for some type of relief to no avail.
The request for the zoning from agriculture to Ag II was approved unanimously by the county commissioners following a 5-2 recommendation from the area plan commission.
Prior to the vote, plan director Dan Richard urged the commissioners to put aside any concerns about Eby's predicament and vote on whether the zoning was appropriate for the locale. The county zoning ordinance doesn't take into consideration such types of hardship.
"It's about as unique a circumstance as you'll run into in a rezoning matter," Snyder said.
Snyder said a legal battle over the issue could drag on for years.
Eby said he plans to sell the home and take a huge loss on the sale because of laws requiring him to disclose details of the circumstances to potential buyers.
The commissioners also approved a rezoning near Milford that will allow limited industrial development. Eastbrook Farms sought the request to change zoning for 20 acres north of CR 1250N from agricultural to limited industrial.
