Local attorney Steve Snyder, standing, hands out paperwork during the Kosciusko County Area Plan Commission meeting held Wednesday afternoon, Sept. 4. Shown from left are Matt Sandy, area plan director, and commissioners Larry Copeland, Mike Long, Doug Ruch, Mike Kissinger, Lee Harman and Matt Goodnight. Photo by Lauren Zeugner.

By Lauren Zeugner
InkFreeNews

WARSAW  — “Wow, I didn’t realize all my neighbors hated me,” said Brandon Wittkamper, as he stepped forward to answer questions of the Kosciusko County Area Plan Commission. Remonstrators had asked several questions regarding his request to rezone land he and his brother purchased from his mother, Stacey Wittkamper.

Several residents of Osborn’s Landing sent letters of remonstrance as well as presented a petition asking the commission to deny Wittkamper’s request during the APC’s regular meeting Wednesday afternoon, Sept. 4..

Wittkamper came before the commission requesting a seven-acre plot of land located in Plain Township be rezoned from an agricultural district to agricultural district II. Matt Sandy, area plan director, explained by rezoning to ag II, Wittkamper and his brother could build homes and still have livestock on the property.

Wittkamper explained to the commissioners the seven acres will be split into three lots, one each for him and his brother to build homes on and the third for them to access Chapman Lake. Wittkamper said he and his brother grew up on farms and their children may get involved in 4-H some day. Should that happen, they want space for livestock.

Sandy pointed out the property rezoned at Ag. II could legally be divided into seven lots although the technical committee found the soil questionable and there is current sewer access.

Tara Lochmundy, a local real estate agent, spoke for a number of remonstrators, telling the commission they have concerns about their property values, about the preservation of the nature preserve, as the property in question abuts property owned by the Indiana Department of Natural Resources. She also noted no trespassing signs recently went up when neighbors had access to it previously.

She also noted access to the channel there is marshy and narrow.

It was pointed out the DNR was notified of the hearing and chose not to send a representative. Sandy reminded the commission Osborn Landing is part of the Chapman Lake Sewer District and the Wittkampers can ask to join the district.

Commission member Mike Kissinger asked if the land was zoned residential what that would mean. Sandy said it would open the development of the property from seven to potentially 14 lots.

Sandy was asked several times if the commission could put restrictions on the property regarding how many lots could be developed or limit the type of animals. Sandy explained the commission does not have the authority to do either, but the property owner could put self-imposed restrictions which would become covenants to the deed.

Commission member Mike Long pointed out the property is currently zoned agricultural and there is no limit to how many or what type of livestock Wittkamper could put on his land now. Long also stated Wittkamper would not currently need anyone’s permission to put animals on his property.

Ken Hathaway, a resident of Osborn Landing and a member of the Chapman Lake Sewer District Board, told the Area Plan Commission the petitioner would have to pay to tap onto the sewer. Commissioner Bob Conley asked why the property was not originally considered when the district was being laid out. Hathaway said the property was zoned an agricultural district with no buildings on it. “(We) didn’t expect anyone to build on it,” he told the commission.
Conley pointed out there were approximately 76 residents living in Osborn Landing with septic systems and direct access to the water with no buffer. “I see that as more detrimental to the environment, 76 homes with no buffer, with no sewer system. It’s more of a concern to me about leaking septic systems,” he told the remonstrators

After almost a hour of discussion, Wittkamper was called back up to the microphone. He explained the no trespassing signs were put up due to liability concerns. He agreed to restrict the property to having two homes and just chickens as livestock.

The commission moved to send a recommendation for approval to the county commissioners who will hear the case Sept. 24.

In other cases:

Brian Erne petitioned for preliminary plat approval for a residential development on a four-acre tract of ground in Tippecanoe Township. Erne explained he purchased a four acre lot to build a barndominuim. The lot is too big and he’d like to split it into two two-acre lots and sell the other one. The commission approved the request.

Devon Burkholder came before the commission requesting 41.51 acres in Wayne Township be rezoned from residential to agricultural. He told the commission he has “zero interest in developing it.”

Sandy noted the technical committee found a number of limitations to the property as far as developing it for residential use. A neighbor did come forward to speak in favor of the rezoning. The commission approved sending a recommendation for a change in zoning to the county commissioners to be heard Sept. 24.

The commission then heard a request from local attorney Steve Snyder regarding a vacation of a right of way for his client John Riportella. Riportella recently built a new house and discovered while the road in front of his home runs straight, the right-of-way does not.

His home is located between the Camden addition and Eastman subdivision. Kissinger explained two different surveyors determined where the right-of-way when the subdivisions were being developed, creating a line with a jog in it. Currently the right of way cuts through Riportella’s front yard, almost to his garage doors.

A neighbor, Cynthia Cox, came forward seeking information as she has the same issue. According to the survey, she’s lost 20% of her front yard and would like the right of way vacated.

After the meeting, Sandy recommended Cox and her neighbors to the west come together to petition for a vacation, rather than individually.

The commission approved sending the request with a recommendation to approve to the county commissioners at their meeting Sept. 24.