County BZA members Kevin McSherry, left, Randy Cox and Ron Robinson complete paperwork before addressing the next hearing during the Nov. 9 Kosciusko County Board of Zoning meeting.

By Lauren Zeugner
InkFreeNews

WARSAW — Remonstrators learned there is no “right of view” law in Indiana during the Kosciusko County Board of Zoning meeting Wednesday, Nov. 9.

The three remonstrators were neighbors of Larry O’Boyle, who came before the board seeking a variance to allow him to create a tract of ground that did not meet the minimum width as required by the ordinance. The property is located on Sechrist Lake.

Local attorney Steve Snyder, representing O’Boyle, explained his client wanted to split his lot and sell it to Sandra Weaver, who had design plans for a house that would fit on the proposed lot. Snyder gave his explanation that the lot meets the requirements according to the ordinance.

Three neighbors remonstrated, expressing concern the new proposed lot would impact their views of the lake. They also noted the area was a floodplain, with flood water reaching the road on occasion in the spring. The remonstrators expressed concern the house would cause increased runoff when the lake was at flood stage, negatively impacting their property.

In response to the remonstrators, Snyder stated there is “no right to a view in Indiana law.” The remonstrators’ view goes through their property to the lakefront. “You want the view, you buy the view,” Snyder told the board. He went on to state the concern for the loss of view and potential flooding was “bogus.”

BZA member Kevin McSherry insisted O’Boyle either adjust a property line or move his air conditioner unit while the matter was before the board instead of coming back later requesting a variance. The board approved the variance to create the tract with no further variances to be requested.

The board continued the case of Jonathan Cosby until its Dec. 13 meeting; however, it did hear remonstrators who were in attendance. Cosby filed a petition for an exception to allow a home-based tree service business in an agricultural district. The property is located in Washington Township.

One remonstrator just wanted to make sure the hearing was continued as “some issues are being addressed.”

Another remonstrator, a neighbor, stated Cosby or one of his employees started a fire on a windy day, which quickly got out of control. The remonstrator alleged Cosby left the property, leaving a 12-year-old girl armed with a hose to deal with the fire. He told the board the area has a no-burn ordinance and alleged Cosby brings in wood fuel and burns just about every day.

He continued telling the board four fire departments came out to stop the brush fire that quickly got out of control and came with 25 feet of a wooded area separating his property from Cosby’s. The neighbor told the board he wants a 20- to 25-foot-wide causeway around the property if the exception is to be approved.

The board approved the following requests:

• A petition from John Blackburn for a variance to permit the placement of an 8-foot-by-16-foot shed 17.5 feet from the road right of way where 25 feet is required and 4.6 feet from the south property line where 5 feet is required by ordinance. The property is in Tippecanoe Township. The board approved with the condition a survey be done before the work is started.

• A petition from Sailing Rendezvous for a variance to permit the construction of a new residence 8 feet north of the road right of way. The property is located in Turkey Creek Township. The board approved the variance at the revised setback of 18 feet.

• A petition for a variance which would permit the construction of a garage with living quarters 4 feet 8 inches from the east sideline and 27 feet 6 inches from the water’s edge and a covered front porch 22 feet from Lakeview Drive right of way. The property is located in Turkey Creek Township.

• A petition from George Lukemyer for a variance to permit the construction of an open porch 2 feet 7 inches from a side property line. The property is located in Turkey Creek Township.

• A request from PWI for an exception to allow the change and alteration of a legal nonconforming industrial home-based business use by allowing multiple industrial additions to existing buildings and property in an agricultural district. The property is located in Jefferson Township.

• A request from Wayne and Beth Landis for a variance to permit the construction of a residence 10.3 feet from the right of way of the road and 27 feet from the water’s edge. The property is located in Seward Township.

• A request from Lamar Chupp for an exception to allow a home-based retail/warehouse business in an agricultural district. The exception was approved on the condition it meets all state requirements. The property is located in Scott Township.

The board continued the hearing of Brian Moriarty until its Dec. 13 meeting after requesting more information on whether the building will be one or two stories and how it will be used. The property is located in Etna Township.

Three petitioners did not appear for their hearings:

• A continued case from the hearing officer on a petition from Ashley Gerber for an exception for a home-based business and to allow the construction of a pole building for the business in a residential district. The property is located in Plain Township

• A continued case from the hearing officer on a petition for an exception for a home-based business in an agricultural district. The property is located in Prairie Township.

• A continuance for John Stukenborg, who requested an exception for the purpose of a nonconforming use by re-roofing a residence and adding cubic content. The property is located in Turkey Creek Township.