WARSAW — Once again, the issue of the public being able to use a platted road to access a lake came up during a meeting of the Kosciusko County Area Planning Commission. During its regular monthly meeting Wednesday, Feb. 3, in Warsaw the APC considered a petition by Ronald and Karen Harter to vacate a 14.5-foot wide public way in the Brindle subdivision near Sechrist Lake in Tippecanoe Township.

Steve Snyder, attorney, represented the Harters and said his clients own the property immediately to the west of the public way. As he has stated repeatedly in the past with other road vacation petitions near lakes, Snyder said the public has no right to place a pier at the end of a public way on the water’s edge. Only the nearest property owner does, he added. He noted the Harters want to expand their residence and won’t have the proper room to do so without the road vacation.

Mike Kissinger of the APC said the courts should make decisions on road vacation petitions. “I just don’t feel the county government should be handling these,” he said, adding it used to be that way.

Several remonstrators spoke against the petition. Sharon Coverstone said her parents originally submitted the plat in 1947 and it is clear to her their intent was for the public way not to be vacated or sold. Others said they have lived nearby for many years, while the Harters only purchased their property in 2014. The public way is still used to access the lake.

After hearing the comments, the APC voted to recommend denial of the petition and it will be considered next by the county commissioners at their Tuesday, Feb. 23, meeting.

In other business, discussion continued regarding a possible change to the ordinance governing signs in the county. Matt Sandy, assistant planning director for the county, said he looked at other ordinances nearby and the only consistent issue appearing was signs being placed in a road right of way. Bob Sanders of the APC said it would probably be better if the requirement involved from the edge of the road because sometimes the right of way is hard to find.

But it was noted the county could possibly be liable for signs placed in a road right of way.

After the discussion, the consensus seemed to be removing directional signs is necessary to reduce clutter and also because many of the signs are simply used by real estate agents to promote their businesses. Also, how to properly enforce the ordinance needs to be determined.

John Hart spoke during public comment time and said he has rental properties in the county. He said he could not understand what the issue really is because he has not heard from anyone there is a problem. He said about 85 percent of the response he gets is from signs he uses. “I don’t think we need to make any more rules,” he said. In response he was told nothing has been changed yet, but options are being considered.

Discussion will continue at the March 2 meeting of the APC.

The APC also approved allowing the county board of zoning appeals to consider a petition to have marina display and sales on a triangular piece of property at the intersection of SR 13 and Backwater Road, just south of North Webster. There would also be a building for security purposes and the property would be accessed by a drive off CR 850E.