Thomas Michalski, left, waits as Kosciusko County BZA members John Beer and Kevin McSherry review some documents he brought to his hearing Tuesday morning , May 14. On the far right is Matt Sandy, area plan director. Photo by Lauren Zeugner.

By Lauren Zeugner
InkFreeNews

WARSAW — Several neighbors came forward to support a proposed plan for six resdiential lots of The Oaks, located on James Lake in Tippecanoe Township, during the Kosciusko County Board of Zoning Appeals regular meeting Tuesday morning, May 14. The Oaks is located on the former grounds of an old church camp on James Lake.

The hearing addressed two requests, one for a variance permitting a 20 foot setback from the water’s edge of lots 1 and 2 which was approved. The two lots are on two lagoons that were created years ago.

The second request the BZA approved was allowing lots 1-5 to have building setbacks to be less than 75 feet. Local attorney Steve Snyder told the board the lots are 75 feet at the water’s edge and go back to approximately 270 feet to the road.

Snyder told the BZA the established road in the area will be paved and the lots will have sewer. There will also be a restrictive covenant requiring all homes built in the area to adhere to local zoning ordinances and set backs.

The board also approved a request from Kosciusko County ABATE for an exception to allow an approved commercial recreational event, Hawg Waller Camping, Concert & Public Gathering, to be held in an agricultural district. The event, which is held the last week of June, has been held at the same location in Washington Township for over a decade with no issues. The board also approved extending the time Kosciusko County ABATE has to come before it for an exception from 3 years to 7 years baring no issues occur in the meantime.

Lisa Bender came back to the board after having her case continued from the March BZA meeting. She was seeking a variance which would permit being allowed to have a residential addition and new foundation under an entire house remain 11 feet from The south right-of-way, 11.8 feet from the north right-of-way and 1 foot from the side property line.

Bender’s contractor started work without having proper permits. There were also concerns about her septic system. Bender was given time to address those and other issues. Tuesday morning she came before the board seeking information regarding any options with the existing septic system. Installing a new one would be extremely expensive.

Stating they could not help her and directing her back to the health department, the board made a motion to continue for 30 days. Several remonstrators came forward pointing out Bender and her contractor have caused numerous problems in attempting to fix this home. “This isn’t acceptable. The area is very tight,” said neighbor Jeffery Bell, who noted the new addition is in the road’s right-of-way.

Others claimed Bender started work without a permit or knowing where her property lines are located. One remonstrator noted others in the neighborhood were denied variances from the BZA for projects requested it do the same here.

“It’s an eyesore,” she said. “Pushing everyone (driving) into Mr. Case’s (a neighbor and remonstrator) front yard isn’t a solution.”

Neighbor William Doyle seemed to support Bender saying she was trying to fix up the neighborhood when others in the area purchased properties that had holes in the roof.

The board approved giving Bender an additional 30 days to work with the health department. The property is in Van Buren Township.

The BZA approved the following petitions:

•A request from Thomas Michalski for a variance to permit allowing a covered deck to remain 20 feet from the water’s edge. The property is located in Tippecanoe Township.
•A request from Michael Wilson allowing a 9 foot by 53 foot semi to remain as placed for storage in a residential district. The property is located in Wayne Township. The board voted 3-1 in favor with Randy Cox voting not to approve.
•A request from Kyle Dunphy for a variance to allow a residence to remain reconstructed and new foundation installed 3 feet from the south property line, 13 feet from the southeast water’s edge, 11 feet from the north water’ edge and 123 feet from the road’s right-of-way. The property is located in Tippecanoe Township.
•A request from Cameron Plew for variance for the construction of a residence1 foot 10 inches from the side property line. The property is located in Plain Township.
•A request from Jospeh Kinch for a variance to allow the construction of an attached garage 8 feet from road right-of-way. The property is located in Jackson Township.
•A request from Gary Green for a variance allowing a shed to remain as placed 6 inches from adjacent sheds and 8.6 feet from campers. The property is located in Tippecanoe Township.
•A request for a variance by Michael Ingle permitting the construction of a gazebo 7 feet from the water’s edge. The property is in Tippecanoe Township.
•A request from Paul Neath for a variance to permit the reconstruction of a 24 foot by 24 foot garage, 18 feet from the right-of-way from the road and 4 feet from the side property line. The vote to approve was 3-1 in favor with Cox voting not to approve.
•A request from Michael Clarke for a variance to permit a deck to remain as constructed 0 feet from the north right-of-way without a permit.
•Two requests from Nicholas Kern for an exception to allow an oversized accessory building to remain in a residential district. The property is located in Van Buren Township.
•A request from Nancy Townsend to an exception for the purpose of the construction of a residence addition 2 feet from the south property line. The request was approved with the provision she presents a letter from the neighbor to the south supporting the project.

The BZA denied the following petitions:

•An appeal by Ron Haskins after his case was heard by the hearing officer. Haskins sought a variance to construct a covered porch 14 feet from the right-of-way. The hearing officer approved a covered porch over the home’s back door. The BZA denied the request, supporting the hearing officer.
• A request by Jennifer Leatherman for a variance to allow a shed to remain as placed by the previous owner, 0.7 feet from the north property line and 10.2 feet from the water’s edge. She was instructed to move the shed so it was 1.5 feet from the property line.
• A request from Sally Reel to construct a garage 5 feet from the right of way of the road and 4 feet from the side property line. Several remonstrators spoke out against the project, noting the Reels have a lot across the street they could construct a garage.