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Kosciusko County Area Plan Commission made two major decisions Wednesday regarding right-of-way vacations in lake-area subdivisions, voting to deny one controversial request and recommending another for approval.
Commissioners voted 8-0 to recommend denial of vacation petition by Ronald Twomey, property owner in the Ralph Metzler Subdivision on Dewart Lake.
The request sought to vacate a 36-foot-wide platted but undeveloped extension of EMS D24D Lane that leads to the water’s edge.
Over a dozen residents voiced strong opposition, citing long-standing deeded access rights, erosion control, drainage and lake access, particularly for children and those with disabilities.
“I’ve lived here for 48 years,” said resident Fred Young. “This easement gives me deeded access to the lake. It’s not just about use, it’s about ownership.”
Neighbors testified that the grassy path was one of the only public access points to the lake for inland property owners.
They also argued it is used for paddle sports, fishing, swimming and fire department water access.
Multiple residents also noted concerns about environmental impact, and that the vacated route could diminish surrounding property values, granting the requester a $144,000 increase in value to be gained from county property.
The planning commission's unanimous recommendation not to vacate now moves to the Kosciusko County Commissioners for a final vote on July 29.
In contrast, a vacation request by The Jama Roose and Jennifer Griffin was recommended for approval, concerning a flag-shaped right-of-way between lots 19, at 8 EMS B40G Lane, Leesburg, and 20, at 64 EMS B40B Lane, Leesburg, in the Crescent Addition near Sechrist Lake.
The petitioners requested to vacate the unpaved strip and split it between the adjoining property owners.
Attorney Scott Reust, representing the petitioners, said their plans are to deed their share of the vacated right-of-way to Government Lot No. 7, an adjacent marshland they own, to ensure the parcel is not landlocked.
Reust emphasized the petitioners had no development plans and sought only legal clarity and access to the conservation area.
“This is essentially an unbuildable wetland. They’re stewards of it, not developers,” Reust said. “This right-of-way does not go to the lake, a public place or a public facility.”
While several nearby residents opposed the vacation, arguing it had historically served as overflow parking, others supported it, including the neighbor who would receive the northern half.
Commissioners acknowledged past litigation between neighbors, confusion over swamp acreage and signage disputes had further complicated the matter.
Despite objections, the commission voted to recommend approval, forwarding the issue to the county commissioners for a final decision July 29.
Both vacation requests were part of standard statutory procedure.
While the plan commission can only issue recommendations, the final authority to approve or deny such requests lies with the county commissioners.
In other business:
• APC members approved a request by James Silcox to vacate approximately 83 feet (up to the utility pole) of the east end of North Kitson Lane, Syracuse. The area was platted as a right-of-way that has not been used, but maintained by the property owners. The area will be divided among the adjoining property owners.
• Matt Sandy, area plan director, reported a continued petition by Teri Rink to rezone 2.02 acres from agricultural district to an agricultural 2 district has been dropped. He stated during the technical committee and staff discussions there were concerns on how the property would be divided up and sewage issues. The property is located on the north side of CR 1050N, northwest of CR 400E, in Van Buren Township.
