Anthony Hall, left, makes his case during the county BZA’s monthly meeting held today, Sept. 12. In the middle is Matt Sandy, area plan director. In the back, from left, are Kevin McSherry, Lee Harman, Randy Cox and Ron Robinson.

By Lauren Zeugner
InkFreeNews

WARSAW — Lee Harman, president of the Kosciusko County Board of Zoning, set the pace during the board’s regular meeting Tuesday morning, Sept. 12, by not allowing emotions stall the petitions to be heard. A majority of the 15 cases the BZA heard had remonstrators to the petitions.

The board started with a continuance of two petitions from Shawn Senter who requested an exception allowing a temporary marina become permanent in a commercial district and to allow an above ground gas tank to remain 5 feet from the south property line where the ordinance requires 10 feet. Senter’s property is located in Turkey Creek Township.

Harman began the hearing by telling the audience the board heard extensive testimony at last month’s meeting. Matt Sandy, area plan director, reviewed the board’s decision to continue the case noting the board did receive additional information regarding the fuel tank. Input was sought from Fire Chief Mickey Scott, Turkey Creek Fire Territory, and the Turkey Creek Sewer District.

Andy Boxberger, attorney for the Turkey Creek Sewer District, informed the BZA the sewer district has a 36 foot easement that runs parallel to the water which would prevent any improvements. He stated the sewer district would not approve the fuel tank or the decking.

At one point Harman asked for a show of who was in support of the project. Senter and one other person stood up. When Harman asked for those who opposed the project to stand, approximately a dozen stood up.

After some discussion, the board approved the permanent marina, allowing Senter to sell and work on boats. The exception for the fuel tank and decking was denied.

The board also denied a request by Jane DeHaven who requested a variance to allow a generator to remain 0.8 feet from the property line. DeHaven’s property is in Turkey Creek Township.

This case was also continued so the board could obtain more information regarding if the generator could be maintained without trespassing on the neighbor’s property. The president of Colliers, the company that installed the generator, wrote a letter stating the generator needed very little maintenance, usually a battery replacement every five years. The neighbor remonstrating also provided a more thorough remonstrance.

Arthur Mandelbaum, an attorney representing DeHaven, addressed the trespassing concern explaining going onto the neighbor’s property would not be legally considered either criminal or civil trespass, since ill intent or damage was caused, but a legal error.

After denying the variance, DeHaven was giving 60 days to remove the generator from the side of her house. After the finding, local attorney Steve Snyder, suggested to Mandelbaum he appeal the decision in court.
The board approved a request from Dallas and Lois Seward who petitioned for a variance to permit the construction of a residence two feet from the south property line on a tract accessed by easement. The property is located in Tippecanoe Township.

Snyder, representing the Sewards, explained the couple want to construct a new home with a deck. The neighbors have no issues as the deck will be significantly higher than it currently is.

Harman asked about runoff. Snyder said the retaining wall would help spread any runoff out. The board approved the petition with the request the affected neighbor provide a letter of support.

The board heard a petition to have $5,000 settlement from an earlier case waived. The petitioner explained how she made a mistake regarding the placement of a porch and an air conditioner. Board member Kevin McSherry pointed out the board could not waive the settlement. However after some discussion the board did agree to reduce the settlement amount to $2,500.

Continued cases:
• The board chose to continue the case of William Rensberger, who seeks a variance to access a proposed two lot subdivision by allowing a 16 foot easement where 50 feet is required. The property is located in Tippecanoe Township.

• The board continued the case of Frank James, who petitioned for a variance to allow a residence addition garage remain as constructed without permits or hearings. His property is in Prairie Township. An issue came up before James could make his case as Sandy informed the board he received signed affidavits from neighbors who could be impacted. After receiving the signed affidavits, two neighbors called the area plan office stating the signatures were not theirs. James was instructed to do notifications by certified mail this time.

• The board continued the case of Stephen Smith who is seeking a variance to permit a 10 foot by 20 foot covered porch and a 7 foot by 10 foot open deck. The property is located in Tippecanoe Township.

Approved cases:
• The board approved a request from Daryl Miller to allow decking and a roof to remain as constructed without permits or hearing. Miller is required to obtain an after the fact permit. Miller’s property is in Turkey Creek Township.
• The board approved a request from Brian and Valerie Wassall for a variance allowing a mobile home to remain as placed. Valerie Wassall told the board she replaced an older mobile home and the pad, water and sewer were already in place. She was required to obtain an after the fact permit. The property is located in Tippecanoe Township.
• The board approved a request from Anthony and Mallory Hill to construct an accessory building 18 feet from the right of way. The Hills property is located in Franklin Township.
The board approved a request by Anthony Shepherd to keep a shed. It needs to be moved to the north side of his property with a 29 foot setback from the river and a 15 foot setback from the road.

Denied cases:
• The board denied a petition from Star Smith to permit a 12 foot by 18 foot shed to remain 2 feet 8 inches from the property line. Smith admitted she measured from the wrong spot when she measured for the 15 foot setback. She thought the paved edge of the alley behind her home was the property line and it is not. Her neighbor remonstrated as did the Town of Milford. Her property is located in Van Buren Township. She has 45 days to move the shed to the required 15 foot setback.

• The board denied a request from Donald Bruce to allow a home based business, a food truck, in an agricultural district. The property is located in Tippecanoe Township.