Continuously serving Kosciusko County since 1854
SYRACUSE - Two new appointments were made to the Syracuse Board of Zoning Appeals.
But someone forgot to tell Mike Brower that he was replaced Thursday.
Brower showed up to the meeting at the town hall, but approximately 10 minutes before the BZA meeting was to begin, it was left up to Kosciusko County Area Plan Commission assistant planner Matt Sandy to tell Brower that he was not reappointed. Instead, Syracuse Town Council Chairman Larry Siegel had appointed Larry Coplen and Andy Kitson to fill the open position and Brower's position, which Brower held for the past 14 years. Coplen and Kitson were sworn in earlier Thursday by the town clerk, but no one told Brower that, either.
"I thought it was a slap in the face," Brower said of not receiving any notice he was replaced. But, he said, he did expect the outcome.
Tuesday, it was expected the full town council would make the appointments to the Syracuse BZA. But under Indiana Code, town attorney Mike Reed said Tuesday, the two open positions were two of the three that the town executive - Siegel - was to make, not the full board. Siegel then said Tuesday that he would make the appointments by Thursday.
The Syracuse BZA began the meeting Thursday with comments about Brower not being reappointed to the board.
Jon Brookmyer said the BZA has entered a new era. "Things have changed dramatically. ... I think it's very important we recognize a gentleman in our community that was not reappointed to this board."
Brower, Brookmyer said, served 14 years and is well credentialed. "I feel very badly about that. I doubt I know as much as Mike knows and I've served on this board 12 years. Michael, I do thank you."
He said Brower "lost favor" because of a unanimous decision made at the April 17, 2003, meeting, and that is "chilling" because when Brookmyer's and Steve Sharp's terms expire, he said he was sure they, too, would be replaced. "It took courage for that vote."
In April, Douglas and Jeanne Shrock petitioned the Syracuse BZA for a petition for a variance to permit an in-ground pool to remain as built 25 feet, 6 inches from the water's edge. The property is on the south side of Northshore Drive and 400 feet east of Hiawatha Drive at 631 E. Northshore Drive, Syracuse.
Premier Signs, for Grace Lutheran Church, petitioned for an exception for the purpose of the change and alteration of a nonconforming use by allowing a sign to remain on an existing base in a right of way in a public use district. The property is on the east side of Main Street and zero feet north of Harrison Street at 203 E. Main St., Syracuse.
Both the Shrock and Premier Signs petitions were denied.
On May 15, Syracuse attorney Steve Snyder filed petitions in Kosciusko Superior Court 1 on behalf of Douglas and Jeanine Shrock and also for Grace Lutheran Church. In part, the Shrock petition challenged the makeup of the Syracuse Board of Zoning Appeals, saying the board was not properly constituted.
As members of the Syracuse Town Council, Barbara Carwile and Larry Siegel should never have served on the Syracuse Board of Zoning Appeals, the lawsuit said.
The Shrock lawsuit alleged "the decision of respondent is illegal in whole or in part" for the following reasons: the board failed to make adequate findings of fact; the board disregarded the evidence and denied the request; the decision was arbitrary and capricious; and the Syracuse BZA is not properly constituted, its members not having been appointed according to state statute." The petition claims any decision made by the board is void.
The Grace Lutheran Church petition called the decision by the Syracuse BZA illegal because there were no adequate findings of fact and evidence was disregarded. The church's petition also said the regulations imposed on the petition are a violation of the separation of church and state.
In August, the cases were remanded to the BZA not because of their decisions but because the board was not properly constituted. But again, the BZA denied both petitions based on their findings of fact.
Sandy said Thursday that the Shrock appeal is still in the courts.
Sharp, in his comments Thursday, said he appreciated how Brower took care of each petition that came before the board. "We'll definitely miss his leadership," he said.
The newest BZA member, Gus Duehmig, who has served two years on the board, said Brower often would show him in the books and regulations what the board was talking about. He thanked Brower "very much" for his guidance.
The election of officers was then held with Brookmyer, serving as chairman Thursday, saying he would not hold office for 2004. Coplen was elected chairman, Duehmig vice chairman and Kitson secretary. Coplen officially will take over as the board chairman at the March 18 meeting at 7 p.m. in the town hall.
In other business, the board:
• Approved, with conditions, the late Elmer Smith's petition for an exception for 60 days only to allow an auto sales, service and repair lot in a commercial district. The property is on the east side of Huntington Street and zero feet west of Harkless Street in Syracuse at 1426 S. Huntington St. Smith made the petition on behalf of Ted Hughes, who is leasing the property. Smith died earlier this month and his wife, Marilyn, said she doesn't want a car lot to remain on the property, but wanted to give Hughes some time to relocate.
The conditions include that a 35-foot setback must be maintained on all sides from all rights of way; all vehicles must be working and in saleable condition; no outside storage is permitted; a detailed site plan must be provided; no other uses are permitted on the property; and no more than 12 vehicles may be on the lot at any time.
• Denied Elmer Smith's petition for an exception to allow a temporary office on a nonconforming car lot in a commercial district. The property is on the east side of Huntington Street and zero feet west of Harkless Drive in Syracuse at 1426 S. Huntington St.
• Approved Denise McDaniel's petition for a variance to permit the construction of a garage 20 feet from the right of way of Front Street and 30 feet from the right of way of Benton Street in Syracuse at 408 N. Lake St.
