KOSCIUSKO — During the Kosciusko Board of Zoning Appeals meeting Tuesday, Dec. 10, the board denied two requests related to the same property asking to allow a home-occupation business and the addition of an oversized accessory building.
Michael Neely, 12434 North CR 250E, Milford, sought an exception and a variance. The exception was to allow a home-occupation roofing business on a residential tract with the addition of a 50′ by 70′ oversized accessory building when the ordinance allows a maximum of 1,200 square foot accessory buildings. The variance would permit the oversized accessory building to be constructed at a mean height of 36’ with 24’ eaves when the ordinance allows a peak of 25’ with eaves at 16’.
Neely explained the building size was necessary so that it could accommodate all his business equipment as well as a personal boat and camper. He also noted that since the accessory building would be built on a hillside and behind trees, the building would barely be able to be seen.
Area Planning Director Dan Richard noted that Neely’s business may not qualify for a home-occupation business because it requires a business to have no more than one employee who isn’t a family member. The ordinance also requires that all business materials must be contained within existing structures on the property.
Aceria Myers, a neighbor to the north of Neely, was present at the meeting objecting to the request. She noted that a building that size would be an eyesore and did not believe it would be hidden from view. She also noted that the property must abide by the Pheasant Ridge Association’s restrictive covenant that states all lots are to be used for residential purposes only.
Attorney Steve Snyder, representing the Camelot Lake Association, brought up concerns with being able to hide the accessory building from view and that a business would be in violation of the restrictive covenants.
Neely then approached the board and stated that if approved, he intended to get the restrictive covenants amended with the support of another neighbor who was not present at the meeting.
The board voted to deny both requests, with the restrictive covenants being “key” in the case. It was noted that if the covenants were amended, a new request could be made.
In other news, the board:
- Approved a continued variance request made by Kim Anderson, 46 EMS B61K Lane, Warsaw. The request was a clarification of a prior variance to allow a garage addition 5.5 feet from the right-of-way.
- Approved a continued exception request for Lasting Change, Pierceton, to allow agricultural uses for educational purposes in an Industrial II district. The approval came with the exception of allowing animals, which was agreed upon between Lasting Change and the town of Pierceton after the last meeting.
- Approved a continued exception request to allow marine expansion for boat storage in a residential district for Socks Real Estate, North Webster. The case was continued so that a more detailed plan for screening could be provided.
- Continued an already continued case for Blue Barn Berry Farm, 9139 North CR 300E, Syracuse. The petitioners requested additional time to gather necessary information, which the remonstrators agreed to.
- Denied a variance request made by Timothy and Vivian Barnhart, 292 EMS B61 Lane, Warsaw. The request was to allow the construction of a garage within 16 feet of the right right-of-way. The only hardships provided was that the petitioners would have to move a gas line and dig into a slight hill to accommodate the required setbacks.
- Both denied and approved parts of a variance request made by Peggy Arnett, 16 EMS D16A Lane, Syracuse. The approved relocating a shed within 2’ from a side-line and expanding a damaged porch that sits within 1’ from the right-of-way. The board denied the request to enclose the porch.
- Approved a variance request made by Mike Rees, 6 EMS C27A Lane, Warsaw. The request allows the construction of a new residence at 20’ from the right-of-way and to line up with the water’s edge setback of neighboring residences.
- Approved a variance request made by Mike Rees, 6 EMS C27A Lane, Warsaw, to permit an enclosed porch to remain as constructed at 14’ from the west right-of-way and 23’ from the south right-of-way.