Local attorney Steve Snyder, left, hands paperwork to Matt Sandy, area plan director, during the September Kosciusko County Board of Zoning Appeals meeting, held Sept. 9. In the back are John Beer, Kevin McSherry, Lee Harman and Randy Cox. Photo by Lauren Zeugner.

By Lauren Zeugner
InkFreeNews

WARSAW — The Kosciusko County Board of Zoning Appeals heard from both supporters and remonstrators regarding a hearing for Michael Zimmerman during the BZA’s regular meeting Tuesday, Sept. 9.

Zimmerman was seeking a variance to allow an existing pergolra/gazebo to remain as placed on a platform 16 feet from the water’s edge. Zimmerman was also seeking a variance to allow a shed 0 feet from the side property line and 6 feet from the road right-of-way. His property is located in Turkey Creek Township.

Zimmerman acknowledged the platform was built without a permit. He said he hired a contractor and expected him to pull the permit if it was necessary. He presented emails of support for the deck and platform from his immediate neighbors, one of whom came to the hearing to speak on his behalf. Another, who lives across the channel, told the BZA Zimmerman has been willing to share his property, including the pergola, with his neighbors. “I don’t think it’s a problem,” he said. “It’s beautiful. It doesn’t impede site lines to the lake.”

Others came to remonstrate. One who lives several houses down from Zimmerman alleged Zimmerman has a “history of zoning violations.” He told the board the sea wall for all the residents properties in the area is “atrocious,” while claiming Zimmerman’s is leaning at a 30 degree angle into the lake. He also said the deck was precarious and the weight of the platform and pergola would eventually have negative affects on the seawalls of surrounding property owners.

Another neighbor who lives several houses down from Zimmerman agreed the pergola was nice and Zimmerman’s wife does a lovely job with her flowers, but alleged he “has a history of not following the rules.” She also worried about the pergola setting a precedence as the area is a very serious flood plane.

She claimed the properties in the area were deteriorating due to unstable soil and that extra weight from the platform and pergola aren’t helpful.

In response, Zimmerman said he would have done the work himself, but hired a contractor due to having knee replacement surgery. He also told the board he has never broken the rules and pulled a permit to meet the Department of Natural Resources requirements. As for his seawall, he said he had a contractor drive metal stakes down to the bedrock to set the sea wall.

BZA member Kevin McSherry noted the pergola sheds water onto the neighbors property when it rains. BZA President Lee Harman asked if the pergola could be moved to be in compliance with required setbacks. Matt Sandy, area plan director, said no.

In the end the board approved denying both requests for the pergola to stay and the shed. Zimmerman must remove the pergola.

The board approved the following petitions:

• A request from Duane Chupp to allow a deck to remain rebuilt and with a 2 foot by 24 foot addition to the south side 3.43 feet from the road right of way and 3.8 feet from the water’s edge. The property is located in Turkey Creek Township.

• A request from Andrew Roeder to construct a deck addition 31 feet 11 7/16 inches from the water’s edge, existing pergola, platform and stairs to remain as constructed by the previous owner. The property is located in Turkey Creek Township.

• A request from Melody Barker to allow a change and exception to a previously granted exception by allowing outside storage. Baker wants to provide storage for RVs and motor homes at her storage facility. The property is in Plain Township.

• A request from Lisa Bender allowing an air conditioning unit to be 11.8 feet from the west right-of-way, 17.8 feet from the north right-of-way and 17 feet from the south right-of-way. Despite two remonstrators complaining about the property owners “doing what they want,” the board approved the request as presented. The property is in Plain Township.

• A request from David Swihart allowing a tract of land to stand with no owned frontage and access solely by easement. The property is in Tippecanoe Township.

• A request by Katie Robinson allowing a home based business in an agricultural district. Robinson’s husband is planning to run an auto mechanics business out of his pole barn. The property is located in Jackson Township.

• A petition by Lisa Miller to replace an existing shed with a bigger shed to house a mower and for storage. The property is located in Seward Township.

• A request from John Jacks to allow the construction of an oversized accessory building, 1080 square feet where the maximum size is 720 square feet. The request was approved on the condition the building be set back 10 feet from the right of way, be consistent with its surroundings and that Sandy be presented a design to approve before construction. The property is located in Tippecanoe Township.

The board continued the following petitions:

• A request from Kevin Carr for an exception allowing the change and alteration from a previously granted exception by allowing auto repair detailing in an Industrial II district. Sandy reminded the board the biggest issue here was sewage. The business is seeking voluntary annexation from the City of Warsaw. The matter is continued to the BZA’s November meeting. The property is located in Plain Township.

• A request from Lamar Bost for an exception to allow storage warehousing in an agricultural district. Bost came before the board saying he is working on the issues, but his surveyor is still reviewing the records. His case has been continued to the Oct. 14 BZA meeting. The property is located in Van Buren Township.

• A request from Marcella Manns to allow a home based business, auto repair, in an agricultural district. After complaints from neighbors about vehicles in the right of way and other issues, the board gave her 30 days to demonstrate she was willing to address the issues and provide a plan moving forward. Her case will be heard on Oct. 14. The property is located in Clay Township.

• A request from Isaac Miller to allow a home based business, construction, in an agricultural district and to have a 60 square foot sign where the ordinance allows 24 square feet. The case is continued until the Oct. 14 meeting so Miller can have time to be more in compliance. The property is located in Jefferson Township.

The board denied the following petitions:

• A request from Chad Bollenbacher for an exception fo allowing motorized vehicle sales, service and repair in a commercial district. The property is located in Tippecanoe Township. The board stated it needed a more detailed site plan. The request is denied and the petitioner can refile at a later date.The property is located in Tippecanoe Township.