Continuously serving Kosciusko County since 1854
For many years, Lowell Showalter and Don Beer have been neighbors.
For many of those years, the two neighbors have disagreed constantly over each other's property. Tuesday, the disagreements became public knowledge at the Kosciusko County Board of Zoning Appeals meeting.
The petition by the Showalters was one of 38 cases heard and one of 33 approved. Two others were issued continuances and three more were denied.
Showalter petitioned for a variance to permit a residence addition 9 feet from his east property line and a greenhouse 1 foot from the south property line. The residence addition is the second story already on his home.
The Showalters did not know they needed to have a permit when they built the second story to the building, Lowell Showalter said.
The Showalters' property is on the east side of East Drive and 600 feet southwest of Lakeside Drive in Van Buren Township.
Beer, his wife and their legal representative remonstrated against the petition at the meeting.
After public discussion with the Beers' representative, the board approved the Showalters' petition with several conditions.
The greenhouse, which was built in 1985, was to be removed from the premises. Shrubbery was ordered to be cut down to 4 feet, the height of the fence. Trees were excluded from the order. The area between the two homes, on both sides, was to be cleared out.
A 60-day period was given to the Showalters to comply.
The second story of the house was approved, but an offer of settlement in the amount of $2,500 was made. County ordinance allows the board to file a suit charging $10 to $300 a day for a structure built without a permit. An offer of settlement relieves the Showalters of a suit if they accept the settlement.
In another petition, the Hephzibah House petition for an exception to allow a two-story addition to the building in an agricultural district was approved.
The two-story addition is needed for extra living space for students and for storage. The Hephzibah House currently houses 19 girls.
The property is on the south side of Pierceton Road and west of CR 250E in Wayne Township.
The BZA denied Keith Fisher's petition for an exception for a home occupation and to be allowed to use a semi trailer for storage in a residential district.
Neighbor Robert Bush remonstrated. Bush said that Fisher's vehicles repeatedly blocked roads and the property was unsightly.
Fisher said the semi trailer was being removed to another company. He did not have in-door storage for his equipment and utility vehicle. The board said a home occupancy requires everything to be stored inside a building.
The BZA gave Fisher 60 days to comply with the denial.
Fisher's property is on the east side of EMS D23A Lane and north of EMS D23 Lane in Van Buren Township.
