The Zartmans own property on the west side of SR 15, just south of CR 600N. They want to rezone slightly more than 15 acres from commercial to agricultural. Chad Zartman said when the property was purchased (40 acres total at that time) in 2005 he thought it was already zoned agricultural. He said he would like to put horses and other livestock on part of the 15 acres.

Larry Coplen of the APC asked why the zoning of the property would not be known at the time of purchase. Zartman said he had to actually look at the zoning map to find the current zoning and all of his other paperwork said it was zoned agricultural.

During the public comment time, Jerry Kammerer, Plain Township trustee, said Zartman wants the property zoned agricultural in order to force Kammerer to put up fencing on the property. Without the fencing, Zartman would not be able to put in horses. “I do not want to be involved in this,” Kammerer said, adding trash has been piled behind a barn on the property also.

Zartman already has half of the fencing installed, but a neighbor can’t afford to pay to have the rest of it installed. He said he does not intend to force anyone to install fencing and he rents the barn to someone for a business and does not use it himself. “I have been following the law to a letter on this,” he said.

Steve Snyder, an attorney who was present for other business, said a case is pending before the Indiana Court of Appeals. A trial court in Indiana ruled both parties have to be using property for the same purpose before fencing is required. He said it will likely be May before the appeals court makes a decision.

Dan Richard, area planning director, said the fencing is not relevant to the rezoning request as far as the APC is concerned and the focus needed to be on whether the property is suitable for rezoning. Bob Sanders of the APC agreed and said the commissioners should deal with the fencing dispute. The APC recommended approval for the rezoning and it will be considered by the county commissioners at their Tuesday, Feb. 23, meeting.

In other business, the APC recommended approval for Herbert Miller to rezone property from public use to residential on the north side of Fourth Street at the intersection with Henry Street in Milford. Miller purchased a house on the property, plans to do some work on it and will probably sell it, he said. It formerly served as a parsonage for the Milford Christian Church across the street.

Milford Town Council will consider the petition at its Monday, Feb. 8, meeting.

A preliminary plat petition for Ben and Danelle Barkey to develop a subdivision on CR 350E in Wayne Township was dropped, as was the rezoning request.