APC Considers Four Petitions In First Meeting Of 2022
By Tim Ashley
InkFreeNews
WARSAW — Two of the petitions considered by the Kosciusko County Area Planning Commission during its regular monthly meeting Wednesday, Jan. 5, in Warsaw, involved subdividing property where the allowed number of sell-offs had been exhausted. It was the first meeting of 2022 for the planning commission.
Charles and Rita Hyde asked to rezone ground from Agricultural to Agricultural II on the north side of CR 125N, east of CR 950W in Harrison Township. A residence is on the property as well as a mobile home given temporary approval by the county Board of Zoning Appeals for hardship reasons.
Charles Hyde said he wants to keep the mobile home permanently on the property for his caretaker, Jay Hyde, to live in and create a separate lot.
Approval was recommended for the petition by the APC and it will next be considered by the county commissioners Tuesday, Jan. 18.
Also on the agenda, approval was recommended for Allison Powell and Amy Lilly to rezone property from Agricultural to Agricultural II on the north side of CR 900N, east of CR 500E in Turkey Creek Township near the entrance of Quaker Haven. There is a residence on the property and the sell-offs allowed have been exhausted. Powell and Lilly were bequeathed a home that will be built by Shipshewana Homes.
A representative from Shipshewana Homes said the 5 acre tract of ground would be split as evenly as possible and there will be a private drive coming off CR 900N accessing the home.
County commissioners will consider the petition at their Jan. 18 meeting.
In other business, a petition by George E. Tubbs to rezone ground from Industrial II to Commercial on the north side of US 30, east of CR 325E in Wayne Township was recommended by approval. Lake City Honda and Lake City Kawasaki have been using a building there commercially but the property was never rezoned.
The commissioners will also consider this petition at their Jan. 18 meeting.
In other business, a preliminary plat petition by Wacky Premier Properties was approved by the planning commission. It is a four-lot residential subdivision on the west side of 2nd Street, north of Armstrong Road in Oswego. Approval had been given for the plat previously, but it expired before a final plat petition was made.
The plat is next to Oswego Cemetery at Lake Tippecanoe.
Steve Snyder, attorney representing the petitioner, said one of the changes to the plat since it was first presented a couple of years ago was creating sewer easements at the request of the Tippecanoe Chapman Lakes Regional Sewer District. Also, the area designated for septic tanks was eliminated.
Snyder described the property as “a unique piece of property” with an extensive set of restrictive covenants in place including, among others, regulating where driveways are to be placed. He said it was discovered septic tank permits won’t be approved by the state because of the type of property in the subdivision.
One remonstrator asked why the setbacks are 70 feet for some of the lots when 50 feet is the setback for many of the houses in the area. Another remonstrator asked if for some reason sewer lines don’t go in, will it require another public hearing. Dan Richard, area planning director, said another public meeting would be required if a change is made to the plat.
In rebuttal, Snyder said the county ordinance only requires a 35 foot setback and 70 feet is being used because of the depth of the properties involved. He noted there is no consistency of a 50 foot setback for houses in the area.
After the petitions were considered, there was considerable discussion about Senate Bill 90, authored by State Sen. Blake Doriot of Elkhart County. The bill would require counties to purchase right of way property in plats through eminent domain when additional right of way is needed such as for turnarounds, cul-de-sacs, etc. This would be a requirement even if the right of way is privately owned by a developer.
Some members of the APC said it is their understanding eminent domain is only used when it will benefit the public. The planning commission voted unanimously to have a letter of opposition to the bill sent to Doriot.
Matt Sandy, assistant county planner, said the bill has not been sent to a committee yet for consideration.
Approval was recommended to amend the ordinance governing solar panel placement and will eliminate the restrictions for what can be placed on the roof of a building, whether commercial or residential. County commissioners will consider the amendment at their Jan. 18 meeting.
APC officers for 2022 were elected and remain the same as in 2021: Lee Harman, chairman; Kevin McSherry, vice chairman; and Mike Kissinger, secretary.