By Lauren Zeugner
InkFreeNews

WARSAW — The Kosciusko County Board of Zoning Appeals found itself handling a few neighbor disputes Tuesday morning, April 11.

Michael Lauber’s case for a variance was continued from last month. Lauber was asking to keep a 6-foot-by-10-foot shed zero feet from the north property line of his North Webster home and 15 feet from the road right of way. Lauber was asked to get a survey done before the board made its decision. Lauber came back to the BZA with photos showing where the property pins were located, explaining how he strung a line from the pins to highlight the property line.

Lee Harman, president of the BZA, explained the board was looking for a staked survey done by a professional.

Matt Sandy, area plan commissioner, reminded Lauber a remonstrator was serious about not letting Lauber on his property.

After Harman referred to last month’s board minutes which stated the board wanted a site survey, the remonstrator, a neighbor of Lauber’s, told the board Lauber’s fence was encroaching on his property along with the shed and several square feet of concrete.

The neighbor told the board he wanted none of it on his property. Harman asked why complaints weren’t made about the fence and concrete at the time they were installed. The neighbor said it wasn’t a problem in the past, but since there is now the shed issue and Lauber accusing his neighbor of lying about a survey done back in the late 1980s he isn’t willing to compromise on the matter.

The board ordered Lauber to get a professional survey done and submit it to the board by the May 9 BZA meeting.

Local attorney Steve Snyder represented Gregory and Tamara Moore in their petition for a variance by allowing an open pergola to remain 17 feet, 6 inches from the water’s edge, when the original approval was for 21 feet.

Snyder explained the problem was due to contractor error. The contractor measured without taking into account the seawall is on an angle, so one side of the pergola is in compliance.

Showing photos of how the property has been improved and explaining the top of the open air pergola is motorized so it can be opened and closed, he asked permission to keep the structure in place.

Members of the BZA stated they wanted the contractor in front of them to answer questions regarding the matter. Sandy said he told the contractor it would be in his best interest to appear before the board.

Scott Williams, a neighbor of the Moores, remonstrated, stating the ordinance and application were clear. He told the board he spoke to Greg Moore outlining his concerns, including telling Moore he didn’t think the pergola would fit the setbacks.

Williams reported he told the contractor the pergola wouldn’t fit the setbacks when the first board was laid down. He related several conversations he had with Moore; Dan Richard, former area plan commissioner; and the contractor about the pergola.

Williams told the BZA board he felt the neighbor’s pergola being so close to the property line could have a negative effect on his property values.

Snyder refuted Williams’ claims about the effect on his property values, pointing out removing 3.5 feet of the pergola wasn’t going to make that much difference.

Williams told the board he wants the contractor to tear the pergola down and rebuild it to the approved variance.

Harman and the others instructed Sandy to send a letter to the contractor demanding he come before them on May 9 to answer their questions.

The BZA approved the following cases:

• A petition from Maria Ortiz allowing two small sheds to remain 3 feet from the rear property line and 4.9 feet from the side line, the construction of a residence addition 10 feet from the rear property line and an open porch and addition 7.9 feet from the rear property line. The approval is conditional, pending a letter of support from the neighbors acknowledging the sheds and fence are not an issue.

• A request from Lawrence Watson to keep an RV as temporary housing on his property for four years. Watson plans to build a home on the property located in Van Buren Township.

• A request from Sherry Dykema to permit a reconstructed open porch to remain 5 feet from the north right of way. Dkyema was instructed to get an after-the-fact permit. The property is located in Prairie Township.

• Petitions from Turtle Cove to have a property line moved and a duplex removed from the land tract. The property has historically had 15 mobile homes on it. It currently has 13, with plans to fill the two remaining spots. The property is located in Tippecanoe Township.

• John Stukenborg’s petition to allow reconstruction of a residence in Turkey Creek Township. The variance was approved with a waiver from the county highway department.

• A request from Chris and Julie Rankin to keep three storage containers on the property for no more than two years. The property is located in Wayne Township. The Rankins need to get an after-the-fact permit.

• A request from Zenaida Loyola to allow a carport, an accessory building, a shed and fencing on her property in Wayne Township. The approval was conditional on Loyola finding the property pins and getting a sign-off from the county health department.

• A variance for Daniel and Kathleen Schmelka to allow an exterior air conditioning unit to be placed 2 feet 8 inches from the west sideline. The property is in Turkey Creek Township.

• A variance for Glen Bontrager to permit an existing air conditioning unit to be placed 1.5 feet from the west sideline. The property is in Turkey Creek Township.

• A request from Eric Rodriguez to construct an oversized accessory building in Tippecanoe Township.

• A request from Hickory Pointe to allow an existing resident to remain 3.1 feet from the south sideline and allow a lot line adjustment to a preexisting nonconforming lot that reduces total square footage. The property is located in Tippecanoe Township.

• A request from City Switch to install a cell tower in the railroad right of way and permitting a 185-foot tower to be closer to adjacent properties within the fall radius of 25 feet in Wayne Township.

The BZA continued the following cases:

• Edd Allen’s petition for exception allowing manufactured home sales in a commercial district. Snyder told the board he had just received the traffic study it requested. The property is located in Tippecanoe Township. His case is continued for one month.

• Jason and Jennifer Rockwell’s petition for an exception for a home-based business, a commercial recreational event center. The Rockwells were told they needed to work some issues out with state agencies before coming before the BZA. Their property is located in Van Buren Township. Their case is continued for two months.

• Eric and Marcia Bechtel’s petition for a change in variance by allowing a building to be used for a business. The property is located in Van Buren Township. The matter is continued for 30 days for the property owner and business owner to come into compliance with the state.