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SYRACUSE -ÊA petition for a variance was continued by the Syracuse Board of Zoning Appeals due to concern about overhang possibly encroaching on a public right of way.
Joe Rietveld petitioned for a variance to build a partial second story on his residence zero feet off the right of way of Henry Street and 29 feet off the right of way of Front Street in Syracuse.
"We're planning to build a bedroom above the kitchen," said Rietveld. He said it would be no closer to the rights of way than the current residence is now and would like to begin construction in June.
Kosciusko County Area Plan Commission Assistant Planner Matt Sandy told Rietveld there was a discrepancy on the property line. The survey Rietveld had done last year showed the location of the property line differently than the Geographical Imaging System map.
"Looking at the survey, the property line runs close to the house," said BZA chairman Michael Brower.
Brower said that if the overhang was just at zero feet, they could grant the petition. But, he said, if the overhang is now hanging over the street, they can't grant future encroachment. Since they aren't sure exactly where the property line is, however, they can't really make a decision.
Rietveld asked if it's just a matter of inches and the house is already there and he was going to build straight up, what the problem was.
"One of the problems we run into is," said BZA member Steve Sharp, "if we grant this, another neighbor would come in and say, 'You granted this, why can't you grant mine?'"
Brower said another problem is that Henry Street is part of the public parks system. If Rietveld does find the property encroaches the public right of way, he may want to slightly change his project.
Sharp then asked the rest of the board members what kind of evidence they wanted Rietveld to present that would demonstrate where the property line is.
After discussion, the board voted to continue the petition to the May 18 hearing. The board will meet at Rietveld's property to look at the property line before the 7 p.m. meeting.
The other petition before the board Thursday was for an exception for the purpose of allowing a non-conforming fence to be replaced in a residential district. The property is on the north side of Line Street and east of Old State Road 13 in Syracuse.
The petitioner, Oakwood Foundation, wants to eventually replace the present chain link fence with a 34-inch high open fence.
Line Street is Oakwood Foundation private property, but is platted. The fence divides Line Street and Palm Drive, a public right of way.
"It would be against the board ever granting a fence for an encroachment, but here we don't have an encroachment," said Brower.
Sharp said he personally likes the fence separating the private and public rights of way. He made a motion to approve with the conditions that the petitioner show proof the petition had been advertised and that if Line Street ever became public, the fence would go before the Syracuse BZA for approval.
Members of the Syracuse BZA include Brower, Sharp, Stan Insley, Jon Brookmyer and Barbara Carwile.
