Attorney Richard Helm, far left, represented the petitioners in both the excavating and communications tower requests.

KOSCIUSKO — The Kosciusko County Board of Zoning Appeals spent almost three hours discussing 15 variance and exception requests during the meeting held Jan. 14.

The first of two cases that involved a lengthy discussion was an exception use request made by Dale Custer for his excavating business located at 2816 East Old Road 30, Warsaw. The exception would allow part of the operation to be leased to a third-party excavating business and potentially be completely sold off in the future.

Attorney Richard Helm represented Custer and explained that when the excavation use was previously approved by the board, somewhere along the line language was added to the case that made it seem like the exception was only allowed for Custer. According to Helm, case law states that exceptions and variances are tied to the property, not to a person. Therefore, the excavation operation would be able to continue on the property as it has regardless of the owner.

Currently, Custer is looking into leasing a portion of his property to SiteWorx Services so they could also run excavation operations. Custer’s business will also continue using the property for now.

Several neighbors attended the meeting to object the change in operation.

Brian Lockhart owns a property in Shadow Lakes Estates. He objected to the request and requested a continuance but was quickly followed by Helm, who questioned the legality of him speaking up. According to Helm, there is a covenant signed by all property owners in Shadow Lakes Estates that prevents property owners from remonstrating against the excavation business.

At this point, Michael Stout, who is an adjacent neighbor but does not live in Shadow Lakes Estates, spoke up. He told the board that he had health and safety concerns relating to the business. His concerns included the possibility of an increase in noise and dust and the contamination of nearby wells and water sources.

Neighbor Tracy Hanson also spoke up against the change of operation.

Custer informed the board that excavation operations are carefully monitored by IDEM and they most recently visited the site in September. Any and all environmental or health-related concerns are addressed by IDEM and any operation must abide by their regulations.

Based on this response, Chairman Lee Harman stated that he was comfortable with the request knowing about the involvement of IDEM and that Custer was on record stating there would be no change in operations. The board approved the request.

The other lengthy case involved property for Tillman Infrastructure, located on the west side of SR 15, south of CR 900N, Leesburg. This property involved both an exception and a variance pertaining to a communications tower. The exception is to allow a 269′ tower in an agricultural district while the variance permits the tower to be located within 1/4-mile from another tower when the ordinance requires a two-mile separation.

Attorney Helm was present representing the request along with a representative from Tillman Infrastructure and AT&T.

It was explained that the tower request was made because SBA Communications has a current “monopoly” over communication towers in the area. By county ordinance, all towers are required to accept co-location and allow multiple companies to utilize one tower.

John Wallace, representing Tillman Infrastructure, stated that the difference between a 20-year tower rent through SBA and through Tillman is averaging around $1.5 million. AT&T is the company currently most-interested in moving to this tower.  But, Tillman is confident that Verizon would also co-locate to the Tillman tower after their current contract is up. If both were to move, that would leave the current SBA tower in the area as abandoned with no renters.

Harman stated, “I think the economic issue is pretty key … I think what was presented here makes sense.”

The board approved the two requests with a vote of 4-1.

The next Kosciusko County Board of Zoning Appeals meeting will be held on Tuesday, Feb. 11.

In other news, the board:

• Continued the exception request made by Blue Barn Berry Farm, 9139 North CR 300E, Syracuse, to allow commercial recreation in an agricultural district. The petitioners are still waiting to confirm aspects of their sewage plan.
• Approved a variance request made by Quaker Haven, 60 EMS D16A1 Lane, Syracuse. The variance request allows a residence to be repaired and rebuilt with a peaked roof after the existing structure with a flat roof was destroyed by a tree falling on it.
• Approved a variance request made by Betty Ousley, 4858 East CR 600S, Warsaw. The variance request permits temporarily allowing two residences on one tract of land for a mobile home to be moved on the property. The existing home must be torn down within one year.
• Approved a variance request made by Russell and Amanda Webb, 984 E. Dresdin Drive, Warsaw. The variance request permits the residence to remain as constructed 31.9′ from the right-of-way of the road.
• Approved a variance request made by Felson Bowman, 11561 N. Sunrise Drive, Syracuse. The variance request permits the construction of a second-story on an existing boathouse within 0′ from the water’s edge.
• Approved an exception request made by Neil and Megan Likens, for a property on the north side of CR 500N, west of CR 850E, in North Webster. The exception request allows a home-based business in the form of a beauty shop in an agricultural district.
• Approved an exception request made by Harvey and Gloria Chupp, for a property on the south side of CR 1250N, east of East Wawasee Drive, Syracuse. The exception request allows for the construction of a 52’x56′ oversized accessory building.
• Approved an exception request made by Larry Allen, 13275 N. Eastshore Drive, Syracuse. This exception allows for the change to a previous case by allowing 4′ knee walls on the west-end of an accessory building.
• Approved a variance request made by Tyler and Toria Kissinger, for a property located on the south side of Epworth Forest Road in North Webster. The variance allows for two residences to exist on one tract of ground. A guest house will be occupied until the main house is built within two years. After that time, the guest house may only be used by guests or family and is not to be rented out.
• Approved a variance request by Mimi LaRue, 5898 S. Maple Grove Lane, Warsaw. The variance request allows a shed to remain as placed within 29′ from the right-of-way and 7′ from the north property line.
• Approved an exception request made by PWI, 7930 West CR 1000N, Nappanee. The exception permits the change and alteration to a non-conforming use to allow partially expanding into an adjoining acquired property by adding on to existing buildings.
• Partially approved and partially denied a variance request made by David Shaffer, 772 E. Willis Park Drive, North Webster. The board approved allowing the construction of a garage within 18′ of the right-of-way and a walkway within 2′ from the west property line. The board denied allowing a second-story deck within 27′ from the water’s edge.