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Donald Radabaugh's appeal to keep a shed within a couple of feet of Chapman Lake was denied by the Kosciusko County Board of Zoning Appeals Tuesday because Radabaugh said he agreed to move it last year.
The 10-by-19-foot shed was one of three accessory buildings in question when Radabaugh petitioned for construction of a new residence in 2005. Two sheds were removed. The property is on the southeast side of EMS C19A Lane, 350 feet east of Chapman Lake Drive in Plain Township.
Radabaugh was given six months to pull the shed back 35 feet from the water's edge and 30 feet from a right of way.
Dave Hostetler's request to allow a carport to cover existing furniture and a large shed in an Industrial 2 District was approved with conditions.
The property is on the east side of Ind. 15 and north of CR 350N in Plain Township.
Hostetler sells playsets, lawn furniture, gazebos and sheds at the property.
He was advised by Plan Commission Director Dan Richard to move the display items 20 feet from the right of way.
"I'm willing to move the playsets," Hostetler said. "I think they're in the right of way. If that's a problem ..."
"It's been a problem," Richard said. "We've told you it's a problem."
In addition to the state road right of way, an interurban right of way runs along the west side of property. Neither the carport or the shed are to be erected until all items are moved back.
Richard said Hostetler's survey should show the right of way line.
The board also allowed John Wade's petition to reconfigure the property lines on two lots on the west side of CR 450E and 1,515 feet north of Old 30 in Washington Township.
Wade was represented by lawyer Steve Snyder who said one parcel would now be four-tenths of an acre. A restriction to not allow livestock would be placed on the deed.
Also, the two lots would share an existing concrete approach.
Snyder said Wade intends to sell off the existing house and build a new one.
A remostrance letter was filed by Everett Vance who owns property to the north. When Wade built a garage on the lots, the structure was too close to Vance's property. At the time Vance agreed to a negative easement on his land to allow the structure. In his letter, Vance said Wade didn't have enough room to move all his equipment now and was against reconfiguring the lot lines.
Snyder was advised the plan department would be checking that Wade did not infringe on the other property when he built the new house.
The board also:
• Approved Robert Miller's petition for an existing business, a general store, without prior approval, to expand by allowing construction of a 50-by-100-foot building with a 30-by-20-foot covered entrance in an agricultural district. The property is on the south side of Ind. 19 and west of CR 900W in Scott Township.
• Approved Jerry and Phyllis Smith's petition to construct an addition to their residence, a garage and additional room, 7 feet from the north right of way and 13 feet from the west right of way. The property is on the south side of EMS B46 Lane in Tippecanoe Township.
It was noted that two properties use EMS B46 Lane and the existing road is actually further away from the Smith property.
The BZA will petition the county commissioners to recognize this relocation of B46 Lake on the plat books.
• Approved Browning Family Trust's petition to allow mineral extraction in an agricultural district. The property is on the north side of CR 200N and 535 feet west of Ind. 13 in Tippecanoe Township.
Catherine Browning appeared at the meeting and said the purpose of the extraction is to level a hill and make that area useable for crops.
• Approved Jeff Cameron's petition for a variance to construct a residence addition, an attached open carport, 16 feet from the road right of way. The property is on the west side of EMS B61 Lane, south of EMS B61E Lane in Tippecanoe Township.
There is an existing carport on the property. The old one will be torn down and the new carport will be smaller with improvements to a retaining wall.
• Approved Matt Alexander's petition for a variance to allow a fourth sell-off under the size of 20 acres when the ordinance only allows three. The property is on the north side of CR 1200S, 2,150 feet east of CR 200W in Lake Township.
Board of Zoning Appeals members are Bob Beer, chairman; Vic Virgil, Charles Haffner and John Conley. Walter Church was absent.
