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The Kosciusko County Area Plan Commission OK’d two preliminary plats, and heard concerns raised by local attorney Steve Snyder at its monthly meeting Wednesday.
Domenic Politano petitioned the commission for a plat approval on an Agricultural 2 subdivision on 8.87 acres, located between Ind. 14 and CR 600E in Jackson Township. Politano wanted to split it into two lot subdivisions and construct a second building for apartments. The only issue that the commission had brought to Politano’s attention is two propane tanks that sit over the property line, which would create an issue later.
Matt Sandy, area plan director, asked Politano what his plans were for the propane tanks. Politano stated that he had not moved them yet but was planning on doing so. County Surveyor James Moyer asked what the setback would be for those tanks, to which Sandy answered that it would be 20 feet.
Lee Harman, commission president, asked Politano if he could make the setback. Politano answered that he could move them to the east side of the property, and that would meet the setback requirement. It was approved by the commission with the caveat that the propane tanks get moved.
Lucas Britton petitioned the commission for a plat approval on an Agricultural 2 subdivision on 1.69 acres, located between CR 780W and North Ind. 25 in Harrison Township. He is wanting to build a home on his parents’ property so he can “come back home” and “take care of my parents as they get older.”
The concern was brought up by the highway department about the single driveway and how that could affect both Britton and his parents getting out onto the roadway. Britton told the commission that he builds homes for a living and once it’s built, he will use the dirt to fill in the pond on the property to make another driveway. Sandy asked if there was a way to make an easement on the current driveway.
“Why would we need to do that?” Jerrilynn Britton, Lucas’ mother, asked. “We want him to have his own driveway.”
Sandy stated that the highway department said it was their concern on how the “road rolls” in that section, which may create a visibility issue on that road and that it is ultimately what the highway department wants. Lucas stated that he would have the highway department come out to see where the driveway would go and OK it from there.
Neighbor Ron Severns, who owns the field on the north side of their property, stated to the commission that he has no problem with Lucas building a home on his parents’ properties, and that they are “good neighbors.” The commission approved it after having all their questions answered.
Snyder talked to the commission about a concern he had with filing. He stated that “historically, I’ve filed petitions for variances, exceptions, or rezonings by email … recently I was informed that I can’t do that anymore.”
Snyder stated that it is usually not a problem, but when he is busy, it makes it hard to travel just to make sure that the paperwork is correct. He noted that the courts must be electronic and asked why the commission could not do the same.
Harman asked if when Snyder comes to the planning office if there was any interaction besides getting an OK from the office, which Snyder answered that no, there is not. He asked the commission if the responses and the documents are the same, “Why not make it more convenient for everyone to file it online?”
This was tabled by the commission until the next meeting so they could find more information and do some research on Snyder’s concern.
Planned Unit Developments (PUDs) will be advertised to the public at the May 6 meeting. This will be a time for the public to come and ask questions about what PUDs are and what the amendment changes will entail.
Sandy brought up the flood control ordinance and how it is out of compliance with the Department of Natural Resources (DNR) and the Federal Emergency Management Agency.
“Currently, it is in the DNR’s hands and once it comes back, we’ll discuss it more,” Sandy said.
The last item brought to the commission was about the Animal Feeding Operations ordinance. Sandy stated that it did pass and was adopted with the caveat that anyone who applied to the Indiana Department of Environmental Management before the adoption date would be grandfathered in, “which is reasonable.”
Part of the ordinance states that any AFO which is constructing a new building, expanding, or adding on to an existing barn must meet the regulation. A farmer who is wanting to build a new milking barn, questioned if it would fall under the ordinance since they would not be adding more animals. The commission agreed that this would be considered a remodel, and not an addition to the property because there will be no more “critters” being added on.
Harman noted that this was part of the ordinance being passed, and the commission knew that this would require growth and changes as needed. Sandy agreed that instead of making a new amendment, they would see if this became more of an issue later down the road that they will have to deal with consistently.
The next meeting of the Area Plan Commission will be at 1 p.m. Wednesday, May 6 at the old courthouse in Warsaw.
