Attorney Jack Birch, representing Blue Barn Berry Farm, presented two easements to the board.

WARSAW — After many months, Blue Barn Berry Farm finally received approval from the Kosciusko County Board of Zoning Appeals during the meeting held this morning, March 10.

Representatives of Blue Barn Berry Farm, 9139 North 300E, Syracuse, requested an exception for the purpose of allowing commercial recreation in an agricultural district. This request first came before the BZA in June 2019. The initial request was withdrawn and they petitioned the Kosciusko County Area Plan Commission to rezone the land from residential to agricultural, which was approved in September 2019.

The request was tabled last month after the petitioners and the remonstrators were unable to come to an agreement regarding two easements on the property. The easements were one of 17 conditions to be met before final approval.

At today’s meeting, attorney Jack Birch, representing Blue Barn Berry Farm, presented the board with the two easements that he stated complied with the conditions.

Attorney Steve Snyder, representing the remonstrating property owners, argued that the easements did not comply because they were still attached to the subdivision committee. He also had an issue regarding a nuisance clause included in the easements. He presented changes in the easements to the board.

Birch countered by saying that the subdivision committee involvement and the nuisance clauses were both meant to protect all of the landowners.

“We have provided you an easement, it complies,” said Birch. “We’ve done everything we can.”

Chairman Lee Harman stated that he felt all of this back and forth came down to a trust issue between the property owners and Blue Barn Berry Farm.

“This is a trust issue and my perspective is that this began with mission creep when this business went from a blueberry stand to a wedding venue over time,” said Harman. “These folks, in my opinion, seem to have a real problem with being able to trust you and your clients.”

Birch replied that if any of the conditions were not met in the future, the remonstrators would have the ability to either sue Blue Barn Berry Farm or get the BZA involved again.

The board voted unanimously to approve the request with the easements provided by Blue Barn Berry Farm.

The next county BZA meeting will be held at 8:30 a.m. Tuesday, April 14.

In other news, the board:

• Approved a variance request made by Lash Farms, 11145 West CR 600S, Mentone. The request was to allow a new grain bin to be constructed within 36 feet of the road right-of-way. A decision had been delayed. The County Highway Department clarified that this would not cause a visibility issue.
• Approved both an exception and a variance for John and Nancy Hoard for a boathouse on North Grand Boulevard in Syracuse. The previous boathouse was damaged in a fire and will be replaced with a new oversized accessory building that is next to the water’s edge and 1′ from the side property line.
• Approved a variance request made by Lindsay Freihofer, 6270 E. Trusdell Ave., Syracuse. The request allows a deck to be build 26’6″ from the water’s edge and 3’3″ from a north property line.
• Continued a request made by Steve Estes, 20 EMS B57 Lane, Pierceton. The request was to permit a residence addition 5’11” from the right-of-way, 1’3″ from a north property line, 6″ from an east property line and 1’11” from a south property line. Board members asked Estes to come back next month with a more reasonable request.
• Approved a variance request made by Round Table Partners, 2798 S. Country Club Road, Warsaw. The request permits the construction of sheds/open carports 5′ from neighboring structures and 3′ from the interior roadway.
• Approved a request made by Jerry and Jennifer Parsons, 833 E. Willis Park Drive, North Webster. The request allows the construction of a second-story residence addition 1′ from the north property line and 23′ from the water’s edge.
• Approved an exception request made by Eric Hochstetler, 6728 West CR 1150N, Nappanee. The request allows the expansion of a metal fabricating home-based business with the construction of a 75′ x 120′ building addition.
• Approved a variance request made by Nicholas Carter for 716 E. Willis Park Drive, North Webster. The request allows the construction of a shed 10′ from the right-of-way.
• Approved a variance request made by Mary Jean and James Carr, 165 EMS B48 Lane, Warsaw. The request allows a residence addition 7’6″ from the northwest sideline and 20′ from the right-of-way.