Scott Beam, left, explains where he wants to install stairs from his deck to the ground to BZA members John Beer and Kevin McSherry during the BZA’s June meeting held Tuesday, June 11. Photo by Lauren Zeugner.

By Lauren Zeugner
InkFreeNews

WARSAW — The Kosciusko County Board of Zoning Appeals was relieved when a motion was made for “meeting adjourned” after a 3 1/2 hour marathon session during its regular monthly meeting Tuesday, June 11.

Remonstrators started making themselves heard at the first hearing for Lisa Bender regarding a variance to have a residence addition and new foundation installed under a house to remain 11 feet from the south right-of-way, 11.8 feet from the north right of way, 13.8 feet from the west right of way and 1 foot from the side property line.

This was the fourth time Bender came in front of the BZA. This time she requested permission to remove the addition and allow the new foundation to remain. She will restore the home to its existing footprint and remove an adjoining home. The property is located in Van Buren Township

Several neighbors came forward to say they had no issues with Bender’s current plans for the property. The BZA board approved the request as presented.

Scott Beam came before the board requesting a variance to permit the reconstruction of a deck 0 feet from the west property line, 18.25 feet from the water’s edge and 4 feet from the east side property line. Beam’s property is located in Tippecanoe Township.

Attorney Steve Snyder, representing one of Beam’s neighbors, came forward opposing how Beam wanted to install steps from the second floor deck to the ground. He then provided a litany of exhibits, labeled A-J, allegedly highlighting changes Beam made to his property over the years without permits. Snyder requested the board demand the alleged violations be addressed.

Snyder’s client, who was present in the hearing room, also spoke alleging Beam’s measurements to the water line were incorrect and that an enclosed storage area under the deck interferes with his view of the water.

Beam addressed the board pointing out many of the alleged violations occurred prior to when he purchased the property. He noted a relative of the complaining neighbor built his current residence. He noted the garage structure with the second floor residence existed when he purchased the property, all he did was make it habitable.

He told the board when he purchased the property it was obvious it had been modified several times.

Another neighbor present in the hearing room confirmed a photo of the property having an open car port dated back to the 1970s.

After several minutes of discussion, the board decided to table the matter for 30 days so they could go out and see the property for themselves.

Robert Paton came before the board seeking an exception to the change and alteration of a non-conforming campground by allowing 10 more home sites on EMS T33J Lane in an agricultural district.

Paton explained he wants to put six home sites on one side of the lane and four on the other side. Electric and sewer will be provided to all. Paton noted he is still under the 150 sites he is limited to by the state. He explained tenants want larger spaces so he is making them 36 feet rather than 25 feet.

Michael Arnolt, who built a home in Old Mill Place that abuts Paton’s property, remonstrated saying Paton had a duty to be a good neighbor and good steward. Arnolt complained Paton has come before the board with hand drawn drawings of what he’d like to do to his property.

Arnolt asked why there was no master plan for the Paton property. He said the promised buffer between Paton’s property and Old Mill Place has not be installed. He also complained about a pedestrian gate between Paton’s property and Old Mill Place.

Paton told the board he just hasn’t gotten around to planting the buffer yet. As for the gates, Paton’s brother is Arnolt’s next door neighbor and uses the gate, along with other residents of Old Mill Place, to walk through Paton’s property.

After several more minutes of discussion, BZA member Kevin McSherry noted the sites Paton was requesting an exception for aren’t anywhere near Arnolt’s property. He made a motion to approve the request as presented. The motion passed. The property is located in Plain Township.

Chris and Shanda Scheeren came before the board asking for an exception for the purpose of allowing an event center, changing from a nonconforming church center in an agricultural district.

The Scheerens, who own Blue Barn Berry Farm, want to purchase the dining hall at the old Tippecanoe Baptist Camp in Tippecanoe Township. The property would be an expansion of their existing event space.

The Scheerens explained the building already existed. Their business plan includes providing a space for charity events, weddings, celebrations of life, bridal and baby showers and more. The facility can handle 200 people, but Chris Scheeren told the board they would probably have events with fewer people.

There would be no live music, no outside music, except acoustic during wedding ceremonies. DJ’s would be limited to 85 decibels (about as loud as a lawn mower). The facility would operate under the same restrictions as Blue Barn Berry Farm.

Several neighbors remonstrated, complaining they were not informed of the BZA hearing. All but one lived beyond the 100 feet limit required for notification.

Remonstrators were concerned about noise, traffic and people drinking. McSherry questioned Matt Sandy, area plan director, if Blue Barn had received any complaints in its 5-6 year history. Sandy said no, nor has the facility ever been sued.

Hearing that, McSherry moved to approve the request as presented. The motion passed.

The board approved the following petitions:
•A request by Armando Jimenez for an exception to allow a home-based business in an agricultural district. The approval is approved with a limit of five vehicles at any given time. The property is located in Plain Township.

•A request by Mark Nordman for a variance for the construction of a residence, front porch, 21 feet from the right of way of the road. The property is located in Seward Township.

•A request from Chris Cotton for a variance to allow a pole barn/lean-to to remain 4.7 feet from the rear property line when the variance was granted at 7.7 feet.

•A request from Milford Food Bank for a variance allowing the construction of a new commercial building 0 feet from the north right-of-way, 10 feet from the west property line, 10 feet from the south property line and 11 feet from the east right of way. The property is located in Van Buren Township.

•A request from Rick Hatcher for an exception to be allowed to remove the age restriction, allowing them to replace units no longer than 16 feet by 80 feet to meet setbacks between other units. The property is located in Plain Township.

•A request from Duane Dial for a variance which would permit the change and alteration of variance 2024-1 by allowing the structure to be rebuilt. The property is located in Tippecanoe Township.

•A request from Robert Haisley for a variance to relocate a 8 foot by 10 foot shed 1 foot from the right-of-way of the road. The property is located in Tippecanoe Township.

•A request from Cynthia Brown to allow the creation of an undersized trace of ground. The property is located in Turkey Creek Township.

•A request from Nikko Montelong to allow a home-based tree service business with the stipulation Montelong stops burning wood and brush. The property is located in Harrison Township.

•A request from Susana Horne for a variance to allow the reconstruction of a roof 14.5 feet from the right-of-way of Packerton Road. Horne and her husband have two years to turn the house into a move-in-ready home.

•A request from Todd Hoffman for an exception for the change and alteration of a nonconforming seasonal mobile home park by allowing the conversion from mobile homes to RV, campers, Tiny homes with 10 feet between units and 10 feet to interior roadway. The property is located in Seward Township.