KOSCIUSKO — During a three-hour meeting held Tuesday morning, Sept. 10, the Kosciusko County Board of Zoning Appeals denied two of the 14 cases presented.
Carey Realty petitioned for an exception to allow a temporary concrete mixing plant in an Industrial-2 District. The property is located along SR 15, south of CR 600N, in Leesburg.
The county ordinance states that “temporary structures used in conjunction with private development/construction work or seasonal sales may be permitted by the Board of Zoning Appeals if the proposed site is acceptable and neighboring uses are not adversely affected … Permits for temporary structures may be issued for a period not to exceed 6 months, after such time new permits must be obtained and the need will be reevaluated.”
The property is surrounded on three sides by a gravel pit, but a residence borders the property on one side. Two representatives of the residential property, Marta Hopkins and Larry Coplen, were present to oppose the petition. They stated that the concrete mixing plant would bring noise and dust and would increase the dangers of traffic on SR 15. They argued that all of these factors would negatively impact their property and their ability to rent it out as an investment.
Attorney Steve Snyder, representing the petitioner, argued that this is a residential property existing in an area zoned as an Industrial-2 District. He stated that the concrete mixing plant would be no different than other allowed uses in that zoning district.
Board Member Lee Harman sided with the residential property owners, stating, “I have serious concerns about any I-3 along this corridor.” He said that the neighbors would, in fact, be adversely affected, meaning the request goes against the ordinance requirements.
The board voted to deny this petition.
Dan Donahue of 11511 N. Crowdale Drive, Syracuse, petitioned for a variance to permit the construction of a 15′ by 20′ residence accessory building 11′ from the south right-of-way, 3′ from the east property line, 3’10” to the north water’s edge and 11′ to the edge of Crowdale Drive.
Snyder, representing Donahue, explained that this property is “novel” in the fact that the property is split in half by Crowdale Drive. Snyder argued that most of the homes along Crowdale Drive have similar circumstances and have boathouses along the water’s edge for storage purposes.
The board received seven letters of opposition and two neighboring property owners appeared at the meeting to express their opposition.
Cynthia Brown, president of the Crowdale Drive Property Owner’s Association, argued that Donahue’s property is not similar to other properties along the road. Donahue’s property is located where the road switches from county to privately maintained. The homes with boathouses are positioned within the privately-owned portion of the road. Donahue’s property is also located along a curve in the road, meaning any accessory building could hinder the visibility of traffic.
The board also denied this petition.
In other news, the board approved the following:
- Eagle Outdoor petitioned for an exception to allow an existing non-conforming sign located at 4535 N. SR 13, North Webster. This case was continued so that a survey could be done to ensure the sign was out of the right-of-way. Eagle Outdoor agreed to remove the top half of the sign.
- Woodrow and Erin Hagar of 5451 East CR 1400N, Syracuse, petitioned for an exception to allow a home occupation for transportation brokerage. The property was previously used as a staging area for trucks but that aspect of the business has been moved to a different location.
- North East Wawasee petitioned for a variance to permit a 6’ solid fence in a roadside yard as approved. The petition was approved on the condition that 15’ of the southern portion of the fence be removed and relocated to allow public access to the right-of-way with permission from Enchanted Hills.
- Griffith Bros. petitioned for both an exception and a variance at 11341 North CR 1000E, Syracuse. This allows for boat storage in an agricultural district and two uses on one tract of land — boat storage and a residence.
- Leann and Christopher Johnson, 98 EMS B40 Lane, Warsaw, petitioned for a variance to allow the placement of a shed 20’ from the water’s edge and 5’ from the south sideline.
- Mariann McClamroch, 5834 North CR 450E, Leesburg, petitioned for a variance to permit the construction of an attached garage addition 22 feet from the right-of-way. The board approved the variance at 25 feet from the right-of-way.
- Stephen Nelson petitioned for both an exception and a variance at the mobile home park located at 101 Warner Drive, Claypool. This allows a new shed and to move an existing shed within 10 feet from the west property line.
- Marcia Presser, 8009 E. Wade Lane, North Webster, petitioned for an exception to allow a non-conforming shed to be rebuilt within 0’ of the right-of-way. The current shed encroaches onto the right-of-way.
- Megan Benion, 1754 North CR 175E, Warsaw, petitioned for an exception to allow a home occupation in an agricultural district. Benion plans to sell soaps, lotions and candles.
- Robert and Taya Groover, 8202 E. Cassandra Drive, Syracuse, petitioned for a variance to permit the sale of the east 25’ feet of the property to the adjacent owner.