Commissioners Approve Encroachment Agreement, Trail Letter
Posted
David Slone-dslone@timesuniononline.com
During an approximately 15-minute meeting Tuesday, the Kosciusko County Commissioners approved an encroachment agreement for a property on Diamond Lake and a letter of support for a trail between North Webster and Syracuse.
Attorney Steve Snyder presented the encroachment agreement on behalf of Dr. Rick Davis for 5307 W. Warren Ave., lot 5, Silver Lake, in the Warren subdivision on Diamond Lake.
Snyder said his client wanted to do a little addition to his house and he got a survey for his property. That’s when they learned the house actually encroached into the public way, as did a small shed and a well.
As a result, Snyder suggested they go get the zoning approved, which they did. The Kosciusko County Board of Zoning Appeals granted a variance but on the condition that they obtain an encroachment agreement from the Commissioners, on behalf of the county, allowing the encroachments to remain in the public right-of-way.
The public right-of-way is just a grassy strip that Davis and the neighbor maintain, Snyder said. “We didn’t think about asking to vacate it because it runs to the water’s edge and we’ve been there enough times to know better,” Snyder said.
The agreement allows the encroachments - the well and the shed - to remain. No one uses the right of way, he said. The agreement also provides that if the house blows or burns down, it has to be fully relocated on the lot. If, for some reason, the county wants to expand the public way, the encroachments must be removed; otherwise the property can continue on as it is.
As there were no remonstrators, the Commissioners approved the encroachment agreement by a vote of 2-0, with Commissioner Bob Conley absent.
County Administrator Marsha McSherry presented a letter in support of a trail in North Webster along Ind. 13.
Commissioner Brad Jackson said, “Basically, the town of North Webster is wanting to extend a trail on the north, ultimately on to Syracuse, which is awesome, I think, and they basically just want our support, even though almost all of the dealings are with (Indiana Department of Transportation), with the State Road 13 right-of-way. There will be some areas with the county. They’re not asking for money, they’re just asking for support of their project.”
Commissioner Cary Groninger made a motion to approve the letter of support.
“I think it’s great that we’re continuing to see that opportunity for trails to be expanded in our community,” he said.
The motion was approved.
In other business, the Commissioners:
• Approved an agreement with MacAllister to repair the generator control console for the generator that runs the Justice Building and county courthouse for $25,216, as presented by McSherry.
• Elected Brad Jackson as president and Bob Conley as vice president of the Commissioners for 2023.
• Heard from County Auditor Rhonda Helser that she was glad to be there and be working with the Commissioners for the next four years.
Helser, who had been the county treasurer, ran for election in 2022 to be the new county auditor and won. Michelle Puckett, who was the county auditor but could not seek another term due to term limits, was elected by a Republican caucus to serve as the county treasurer.
• Announced the next Commissioners meeting will be at 9 a.m. Jan. 17.
