APC Decides Against Eliminating Restrictive Covenants
Plans for a commercial development proposal south of North Webster were sidetracked by a decision made by the Kosciusko County Area Planning Commission.
Lakeview Spring Partners had petitioned the APC to eliminate restrictive covenants placed on property at the southwest corner of the intersection of SR 13 and CR 400 North, south of North Webster in Tippecanoe Township. The covenants were added when the property was rezoned to commercial.
Among the covenants was only inside storage and no outside displays or storage. Andrew Rossell, director of engineering for Seven Generations Architecture & Engineering LLC based in Benton Harbor, Mich., said a new Dollar General store was being proposed for the site.
Rossell also noted sewer lines are supposed to be extended to the area with construction likely to begin in the spring of 2014. He said at times a few items would be displayed outside during business hours as a way to attract customers.
But the APC had numerous concerns and voted not to change the restrictive covenants. Lee Harman, APC chairman, said “it looks to me like you are trying to stuff 20 pounds of potatoes in a 10-pound bag,” noting the small lot size of less than 2 acres.
Dan Richard, area planning director, said the covenants have been modified through the years, but other proposed businesses have been denied at the location due to its physical limitations.
It is a high traffic area due to the state road, particularly in the summer months with the lake residents, and there are safety concerns due to big trucks trying to enter and leave the site.
Chuck Haffner of the APC said “this is a perfect example of trying to fit something in that’s not adaptable.” He also noted it is near a curve in the road and if the developer decides it is no longer a suitable location “we are stuck with a commercial building.”
Larry Coplen of the APC said a commercial improvement can help the tax base for the county and likely no one will ever build a house there, but traffic issues would be created.
In other business, the APC unanimously approved the preliminary plat for a small three lot subdivision for Kenneth Mullet on CR 750W at the intersection with CR 1350 North in Jefferson Township.
And the final plat was approved for Mayberry Estates, a one lot subdivision on CR 1100 North, east of CR 250 East in Van Buren Township. It is a triangular shaped lot and no new roads will be needed.
APC meetings are open to the public and held at 1 p.m. the first Wednesday of each month in the commissioners meeting room of the county courthouse.