Already quite familiar with the petitioner Patrick Higgins, Kosciusko County Area Planning Commission approved a preliminary plat for him during its regular monthly meeting Feb. 4 in Warsaw. The plat, an agricultural subdivision categorized as a planned unit development, or PUD, is located on the west side of Chapman Lake Drive, north of Greystone Drive in Plain Township.

Attorney Steve Snyder, representing Higgins, has previously appeared before the APC and also the county board of zoning appeals because the subdivision is unusual. Situated on 8.768 acres, it will include several small privately maintained lots to be used for inside and outside storage. Snyder said the concept of storage units near lakes could grow because it is needed.

There were no remonstrators against the petition and it was approved contingent upon the drainage plan being approved before the final plat is approved.

In other business, the APC heard a report from Matt Sandy, assistant planning director for the county, about a violation of the erosion control ordinance involving three houses being built in the Hawthorne Estates subdivision on the southeast corner of CR 450N and CR 250E near Chapman Lake. Millwood Homes, owned by Marlin Miller, is the contractor.

Sandy said the planning office had received complaints from homeowners in the subdivision about mud being drug out into the roads by construction equipment. He inspected the area Dec. 4 and found three sites in violation of the ordinance with no erosion control methods in place at all. There were follow-up phone calls, emails and letters to Miller and he mostly did not respond, though he did stop by the planning office one day to inform some concrete drives had been poured.

Another problem involves silt fences to hold the dirt in not being installed. Miller said he now realizes silt fences are needed, but before he didn’t realize their importance and said he had a limited amount of time to install them before the ground became frozen.

Sandy recommended no further construction work be allowed, no more permits be issued to Millwood Homes, the three sites to be secured and for Miller to attend an erosion control seminar Feb. 23 in Nappanee. The APC approved the recommendation. After Feb. 23, assuming Miller attends the seminar, it is possible permits will be issued again and for work to continue.

Other agenda items included:

• A road vacation was recommended for approval for a 50-foot public way, the northern portion of Elaine Drive, east of Warsaw just off CR 100S. It is part of the Marathon Industrial Park plat. The southern portion of the roadway was vacated several years ago. Animal Welfare League plans future development in the area and wants the public way vacated.
• Another road vacation was recommended for approval for Carol Doctor on a 36-foot right of way along what is known as Miami Road near Lake Tippecanoe. Snyder said the road was never opened and has never been used.
• And a third road vacation was recommended for approval for Noah Anderson for a portion of Section Street just west of the town limits of Milford. It is part of an old plat dating to 1905. APC members asked why the rest of that portion of the street will not be vacated, but apparently the property owners have not shown any interest in doing so.

All three road vacations will be considered by the county commissioners at their Feb. 24 meeting.