Matt Sandy, left, area plan director, and Kosciusko County BZA members Kevin McSherry, Lee Harman and Ron Robinson, review paperwork while hearing a petition during the BZA’s regular meeting Tuesday morning, Dec. 13.

By Lauren Zeugner
InkFreeNews

WARSAW — The Kosciusko County Board of Zoning Appeals was not in a giving mood during its regular meeting today, Dec. 13.

Jonathan Fussle and Sky Team Properties came before the board seeking an exception allowing a multi-family building with 11 units in a commercial district and for a variance permitting the 11 apartments on a tract with 13,967 square feet where the ordinance requires 20,000 with 20 onsite parking spaces and an available shared 34 on an adjacent tract. The property is located in Claypool.

A representative of Sky Team Properties, which manages the property for Fussle, explained he is still working on an application to the state fire marshal. He is still working on obtaining an architectural drawing of the project and a technical report.

Work has stopped on the project since the BZA instructed Fussle to do so back in March. After hearing the update, Lee Harman, president of the BZA, stated the board has been addressing this issue for a year and a half. “It sort of feels like ‘Groundhog Day’ to us,” he said.

The board denied both requests. Fussle may  apply again when he has more information to provide to the board.

Two requests from Sky Team Properties about a property located across the street from the first petition were also denied. Sky Team Properties was requesting an exception to alter a nonconforming use by allowing three commercial uses and nine apartments. The second request was to permit mixed use on a tract 11,803 square feet where 30,500 square feet is required with only six on-site and 34 off-site parking spaces where 74 are required.

The representative for Sky Team Properties told the board the post office has repeatedly denied access so he was not able to get the proper measurements to do architectural drawings of what the project would look like.

Local attorney Steve Snyder represented Jonathan Cosby who petitioned for an exception to allow a home-based business in an agricultural area in Washington Township. Cosby wants to operate a tree service from the property. Snyder provided the board a site plan and explained to meet the ordinance requirements and address neighbors’ concerns, there will be no activity within 25 feet of the side and rear property lines.

There will be no burning of anything on the property, he said. Mulch or wood chips will be in a confined area surrounded by concrete barriers to prevent the spread of fire should the mulch catch on fire. Firewood will also be stored on a concrete pad.

After hearing Cosby’s plan, the board approved his request.

Brian Moriarty had several petitions continued from previous months. Moriarty was requesting reconstruction of a commercial building in Etna Green. His petition was to have the building 0 feet from the road right of way, 0 feet from the south property line and 6 feet from the north property line.

In his second petition Moriarty asked for an exception for nonconforming use by allowing construction of a commercial addition into a residential zoned tract. His third request was for a variance to permit construction of a commercial addition 0 feet from the south side property line, place an awning 0 feet from Walnut Street, 6 feet from the north property line and 0 feet from the south property line.

Matt Sandy, area plan director, asked where the mechanicals would go. Moriarty said he hoped to put heat and air conditioning on the roof. Harman asked about the neighbors being able to get out, and Moriarty explained there would be a 32-inch space.

Two neighbors remonstrated, expressing concerns about drainage onto their property. There was also a question regarding Moriarty trespassing onto their property to access his if he built out to the property line.

After the board expressed concern regarding a lot of missing details, including what the building will eventually be used for, board member Kevin McSherry moved to deny all three petitions. His motion was carried.

Jody Batista was granted a variance that would permit the reconstruction of a residence with an attached garage 9 feet, 10 inches from the road right-of-way. An existing detached garage will be removed in the process. The  property is located in Van Buren Township.

Chad Bruner was granted a variance to permit a legal nonconforming tract of ground to be reconfigured and combined with a separate tract resulting in 33.56 feet of frontage where an ordinance requires 50 feet.

Bruner told the board he would like to use the driveway to access the 1.49 acres beyond it. He will eventually be applying to put a pole barn on the property.

Neighbors down the street remonstrated, stating when Bruner asphalted his driveway, it caused drainage issues that damaged their family members’ gravel driveway. Harmon asked exactly what their concerns were.

The neighbors stated they were concerned there would be more drainage issues, while also acknowledging their belief that Bruner’s asphalting his driveway as the cause of their drainage issues was conjecture.

Sandy pointed out the Chapman Lake area, where the petitioner and remonstrators lived, will be going on sewer in the near future. After looking at drainage in the area, the board approved the request.

John and Donna Emshwiller were granted a variance for construction of an addition to their home with the condition that encroachment agreements are obtained by the neighbors. Snyder, representing the couple, explained the property encroaches 9 inches over the property line while a retaining wall encroaches 3.4 feet over the line.

The Emshwillers, whose home is located in Tippecanoe Township, want to extend their home to the north property line without  encroaching any further.

Snyder also represented Lisa Roberts who requested a variance to construct a new residence 11 feet from the right of way in Plain Township. Snyder explained Roberts wants to tear down an old house and carport and put up a new modern home with a garage.

Board member Randy Cox asked about mechanicals. Snyder said putting air conditioning units on the roof is becoming en vogue. The board approved the request.

The last petition heard by the board was from National Oil & Gas regarding replacing a canopy at a Sunoco station in Pierceton. The current canopy encroaches 14 feet into the state right of way. After reviewing documents from the Indiana Department of Transportation and hearing the plan to replace the canopy, the board approved the request.