Members of the Kosciusko County Board of Zoning Appeals review paperwork before making a decision in a case. In the front is Matt Sandy, area plan director. In the back from left are Kevin McSherry, Lee Harman, Randy Cox and Ron Robinson. Photo by Lauren Zeugner.

By Lauren Zeugner
InkFreeNews

WARSAW —The Kosciusko County Board of Zoning heard an appeal from the Kosciusko County Board of Zoning Appeals Hearing Officer, which held its regular meeting on Monday, Dec. 11, during its regular meeting Tuesday, Dec. 12.

The case for Mamaroan Lakehouse asked for a variance to permit construction of a new residence 5.25 feet from the northeast sideline, 21.9 feet from the right-of-way of EMS T24 Lane and the A/C condensers and generator 3 feet from the northeast sideline along with construction of a new garage 5.97 feet from the right-of-way of EMS T24 Lane and 24.70 feet from the right-of-way of Forest Glen Avenue. The property is located in Plain Township.

The hearing officer approved the variance for the house, but denied the variance for the garage. In a hearing that lasted 40 minutes, attorney Steve Snyder explained the new property owner wanted to move the garage from the north side of T 24 Lane to the south side.

Snyder noted his client’s reduced the size of their home to accommodate set backs. He also told the board T24 is considered an easement, allowing property owners to access Forest Glen Avenue which is at a higher elevation.

Snyder told the board the old garage was removed and a retaining wall put in its place. The plan is to use the retaining wall as the south wall of the new garage. The size of the garage has been reduced to accommodate the retaining wall. Entering and exiting the garage would be from the west, so as to not hamper traffic.

Snyder pointed out moving the garage would provide better visibility along T24.

Along with the new garage, drainage on the property was also a concern. Snyder told the board his client intended to clean out a drainage ditch on the property and install a culvert that would direct drainage water to Tippecanoe Lake. A new drain will also be installed on the west side of the property to direct water from the roof towards the lake.

Jo Swart, a nearby neighbor, remonstrated saying “Everybody wants a new neighbor and everybody wants improvement.”

She expressed concern about fire trucks being able to access T24. And while she credited the property owner with being willing to address drainage issues, she noted springs pop up everywhere in that area. She requested the property owner be required to do a water study before any construction take place.

Snyder rebutted saying “Change is difficult.” He reiterated the significant consideration his client had given regarding the drainage issues. He noted sewer would be installed in the next 18-24 months which should elevate any concerns regarding septic systems.

Lee Harman, president of the BZA, looked at the surveys provided and stated he didn’t understand Swartz’s concerns. Moving the garage from the north side of T24 to the south side would provide more space for cars to get through.

Kevin McSherry said fire trucks would probably stage on Forest Glen Avenue and run hose to any house fire on T24. The board approved both variances for the house and the garage.

Remonstrators also came out in force for the case involving Steve Smith. Smith petitioned the BZA to permit construction of an open porch 1.4 feet from the west property line, 4 inches from the platted road right-of-way and 15 feet from the water’s edge. The property is located in Tippecanoe Township.

While Smith was not in attendance, Matt Sandy, area plan director, told the board Smith did have a survey done and the set backs were incorrect.

Several remonstrators were on hand and the board chose to hear from them. One, who had lived in the neighborhood for 50 years said she was opposed to the plan as it was not in line with the setbacks.

Blake Harris, who owns the cabins on Kuhns Lake, said he was also against the plan, noting the property currently has no parking and the area is located in a flood plane.

Snyder also remonstrated on behalf of a client suing Smith regarding an issue with pier placement in the neighborhood’s common area.

The board moved to deny the petition.

The board approved the following petitions:
• A request by Thomas Lahmon for a variance to allow a shed to remain as placed 4.6 feet from the south property line and 10 feet from the right-of-way of the road. The property is located in Tippecanoe Township.

• A request from Ruch Rentals No. 4 to allow the placement of two shipping containers to warehouse maintenance equipment in an agricultural area. The petition was approved with the stipulation the containers be painted and have a roof over them. The property is located in Clay Township.

• A request from Kristian Eicher for a variance to place a carport 0 feet from his west property line. Approved with the stipulation he and his neighbor develop a maintenance agreement. The property is located in Prairie Township.

• A request by Janeen McKenzie for a variance to build an open porch 18 feet 7 inches from the water’s edge. The property is located in Turkey Creek Township.

• A request from Brian Burkholder for an exception to allow living quarters for overflow family and youth group sleepovers to remain in an existing accessory building. The petition was approved with the provision a restrictive covenant be attached to the deed so the accessory building cannot be rented or sold later. Burkholder will have to obtain an after the fact permit. The property is located in Jefferson Township.

• A petition from Elizabeth McSoley to reconstruct a garage 0.9 feet from the southeast sideline and 23.6 feet from the right-of-way of the road. The property is located in Turkey Creek Township.

• A petition from Jeana Potulney to construct a second floor and residence additions with a window awning and a door awning 12.4 feet from the water’s edge and 24.7 feet to the right of the road. The property is located in Tippecanoe Township.

• A petition from Corey Groninger to allow minerl extraction in an agricultural district. The property is located in Harrison Township.

The board denied the following petitions:

• A request by Tange Thompson for a variance to construct/reconstruct a garage, carport and a portion of a residence 1.5 feet from the right-of-way of the road and 3.5 feet from the west property line. The property is located in Plain Township.
• A request by Tim and Amy Goon for an exception to construct a 1920 square foot accessory building where 1200 square feet is allowed in a residential district and to build it 1 foot, 4 inches from the east property line and 2 feet from the south property line. The property is located in Plain Township.