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Three petitions for variances before the Kosciusko County Board of Zoning Appeals Tuesday were continued to the Nov. 10 meeting for the same reason.
All three petitioners live in the same subdivision - Enchanted Hills - and have the same problem - buildings too close to the water's edge.
And at next month's meeting, the BZA is expected to hear more petitions of the same kind from petitioners in the Enchanted Hills subdivision.
Kevin and Candy Pelz's variance request asked the BZA to allow two existing sheds to remain as placed 9.5 feet from the water's edge, and a possible non-conforming pre-existing 16-foot by 10-foot shed to remain as placed 7 feet from the water's edge. The property is on the east side of Rumplestilzkin Drive and 1,150 feet south of Rainbow Lane in Turkey Creek Township.
James and Frances Mac petitioned to permit allowing an existing shed to remain as placed 8 feet from the water's edge. The property is on the east side of Fascination Way and 50 feet north of Candy Cane Lane in Turkey Creek Township.
The third petition was from Merlin Wolfe for a variance to permit allowing two existing sheds to remain as placed, 21 and 22 feet from the water's edge, 7 feet, 6 inches from the north side line and 5 feet from the south side line. The property is on the east side of Rumpelstiltzkin Drive and 1,100 feet south of Rainbow Lane in Turkey Creek Township.
Dan Richard, area plan commission director, told the BZA a number of these petitions were before the board because a member of the Enchanted Hills Subdivision Association made it known to the plan commission that a number of the sheds were in violation of the setback ordinance in that they were too close to the water's edge.
Candy Pelz said one of her sheds had been there since 1977, though they only owned the property for about the last three years.
Richard said that didn't matter and that "it's been a violation for that long."
Unless Pelz brings in a letter from the subdivision association asking the board to allow the sheds, BZA member Charlie Haffner said the BZA won't approve them. If the shed had been built before 1975 - when the county plan commission first began - then it would be another matter because the shed could be grandfathered in. But that is not the case here. The shed has been in violation for the past 26 years, he said.
Pelz asked why the association was making the sheds an issue all of a sudden.
Richard said, "It's immaterial. It is a violation." Just because there are five to six sheds in violation doesn't make them all right. He said the plan commission probably just has been too lax on enforcing the ordinances.
Pelz said she wanted the board to continue her petition so she could contact Steve Saylor of the Enchanted Hills Subdivision Association and get on the association's next meeting's agenda to try to get support from the association for her shed.
The board continued her petition as well as Mac's and Wolfe's. The petitions will be heard again Nov. 10 at 8:30 a.m. in the Justice Building meeting room.
