Attorney Steve Snyder and his client, Andre Mourad, listen as Lee Harman, second from the right, BZA board president, asks a question during the County BZA meeting held Tuesday, May 9. In the center is Matt Sandy, area plan director. Seated with Harman, from left, are John Beer, Kevin McSherry, and Randy Cox.

By Lauren Zeugner
InkFreeNews

WARSAW — Scott and Marli Williams were not happy as the Kosciusko County Board of Zoning approved allowing a pergola on their neighbors Gregory and Tamara Moores’ property to remain as is during its regular meeting Tuesday morning, May 9. Both properties are located in Turkey Creek Township.

The Williams brought their complaint before the BZA last month claiming the Moores’ pergola was 3 1/2 feet closer to their property line than a previous variance allowed. The board continued the matter so it could hear from W.A. Zimmer, the company that constructed the pergola, during Tuesday’s meeting.

The representative explained how a possible mistake was made in measuring from the seawall to the home and how workers installed the pergola’s support beams further than the 21 feet required from the water’s edge so as not to obstruct the Williams’ view.

The contractor also made suggestions to address the issue, which the Moores declined, such as “dog ear” the pergola on the Williams’ side or take it down and rebuild it 18 inches shorter.

Local attorney Steve Snyder, representing the Moores, reminded the board under Indiana law there is no right to a view through a neighbor’s property and evidence provided to the board showed the Williams’ view was not obstructed. Snyder did admit an measuring error was made, but the view was not obstructed.

In the end the BZA approved allowing the pergola to remain as is and W.A. Zimmer was given a settlement of $1,500 even though Zimmer did attempt to fix the mistake.

The matter of Michael Lauber was also settled after being continued for several months. A certified survey showed Lauber’s shed was a tenth of a foot off the property line while the shingles on the shed were on the actual line.

The neighbor who remonstrated told the board he wanted the rules followed and he did not want any encroachments onto his property from Lauber. After some discussion the board voted to deny Lauber’s request to keep the shed where it is. He has 30 days to move the shed to a location that meets all setbacks. Both properties are located in Tippecanoe Township.

The board made the following decisions:
• Approved a petition by Joshua Pegman to permit an air conditioning unit to remain 2 1/2 feet from the side property line. The property is in Tippecanoe Township.

• Approved a petition from Andre Mourad to permit the reconstruction of a residence 28 1/2 feet from the east right of way, 2 feet from the north right of way and 1 1/2 feet from the south property line. The BZA denied allowing an accessory building on the property. The property is located in Tippecanoe Township.

• Approved a petition from Terry and Marcia Weiss for a permit to place a pergola 7 feet from the east property line. The property is located in Turkey Creek Township.

• Approved a petition by Charles Chamnes to construct a new residence 20 feet from the right of way of the road and 25.88 feet from the water’s edge. The property is located in Turkey Creek Township.

• Approved a petition by Nathan Scherer to allow six commercial uses on one tract of land when the ordinance only permits one. The property is located in Turkey Creek Township.

Scherer explained to the board he has several small businesses interested in moving into buildings on the property, one being a high tech robotics company doing research and development. The board informed Scherer he needs to get permission from the Indiana Department of Transportation regarding use of one of the driveways on the property for commercial use.

• Approved a petition by Blake Palmer to divide a nonconforming lot. The property is located in Harrison Township. Palmer had the property rezoned from commercial to residential and is attempting to increase housing inventory.

• A petition from Joe’s Kids, an organization that provides physical, occupational and speech therapy to children in Kosciusko County and 10 other counties, to allow a child therapy center in a residential district.

The board continued the following petitions for at least 30 days:
• A petition from Edd Allen to allow manufactured homes sales in a commercial district. Allen had a traffic study done as instructed. It needs to go to the area plan commission for review before coming back before the BZA. The property is located in Tippecanoe Township.

• A petition from Eric and Marcia Bechtel for a variance to allow a building to be used for a business. The Bechtels are having difficulty connecting with the state regarding the matter. The property is located in Van Buren Township.

• A petition by Timothy Yoder to allow a home-based business, propane sales and delivery in an agricultural district. The property is in Harrison Township. The BZA recommended Yoder consult with INDOT regarding visibility and access to his property. His property is located in Harrison Township