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Kosciusko County Board of Zoning Appeals discussed numerous petitions presented during their meeting Tuesday.
Marlin Slabaugh petitioned for a variance to build a second residence at 8170 W. 750N, Etna Green. Slabaugh wants to move into the second home to allow his son to move into the primary residence.
At the March BZA meeting, it was recommended that Slabaugh look into purchasing another home nearby or build onto the existing home as an addition. Slabaugh is a bishop and required to live in the district of his church, and there is nothing for sale in the immediate area.
The petitioners were willing to place covenants on the property to prevent it from being sold to anyone other than a family member.
The board recommended rezoning the property to a two-home subdivision. BZA member Dan Richard said, “I’d rather see an attempt at rezoning … Variance should be a last-ditch effort.”
Steve Snyder, the property owner’s attorney, argued caring for aging parents on the same property is “normal in the Amish community,” and the project would be a “reasonable use of 5 acres.”
BZA Chairman Lee Harman said, “This has implications, either way we go, for the Amish community.”
The board requested to see in writing the proposed covenants and agreed to continue the case to the board’s May meeting.
A petition was submitted for a variance to allow a recently improved structure on Treehouse Island in Webster Lake, specifically 8900 E. Wesley Lane, to remain without flood development or improvement location permits. The property owner installed a new deck and made numerous improvements, including a new roof and windows.
Snyder, representing the homeowner, argued the historical significance of the house, stating it is 78 years old and on an island with no immediate neighbors. He said it would likely fall into disrepair and become an “eyesore” if the petition were denied. Snyder also pointed out Webster Lake has never had a stage one flood, and there have only been two stage two floods in the last 100 years.
The board expressed concerns about flood insurance. Kosciusko County is a member of the National Flood Insurance Program. The county is audited every year by the NFIP and could lose the benefits of being a member of the program by granting variances to projects in floodplains. The primary benefit at risk was flood insurance savings for residents.
BZA Secretary Kevin McSherry said, “I don’t think we can approve this variance without putting the flood insurance payments at risk.”
The petition was denied.
Neil Likens petitioned for an exception for the purpose of allowing commercial recreation in an agricultural district at 8292 E. 900N, Leesburg. The business would be an indoor training facility and would house nine batting cages and a HitTrax system for winter baseball and softball practice and a turf area for other sports.
A neighbor in attendance took issue with the project. He was upset that he had not been notified when the building was constructed several years ago. However, the building was a barn and the property zoned as agricultural, so no notification was required. The neighbor was also confused about a notice sent out years ago about the property being zoned to allow a hair salon. Likens explained his wife is a hairdresser, and they had gone through the process to allow her to have a home hair salon at the location. However, COVID-19 caused their plans to fall through.
The neighbor was also concerned that, because the clientele would be young, this would lead to loud music and noise. Likens assured the board everything would be indoors, and noise should be minimal.
The petition was approved.
The board also:
• Voted to give a two-month continuance to a request for an exception to allow a home-based business for 6278 N. 1050W, Etna Green, to allow Stephen Schwartz to clean his property and make the changes requested by the board for approval.
Richard said, “Clean that puppy up.”
Area Plan Commission Director Matt Sandy offered to go out and show Schwartz the changes they want made. When the board debated whether to give him two or three months, Schwartz responded, “I work better under deadlines. Let’s make it two months.”
• Voted to continue a petition for an exception for a home-based business in an agricultural zone at 9231 W. 450N, Etna Green. Darin Miller petitioned to run an artisan wood-finishing business at his property.
Miller said, “I’m here to ask what I need to do.” The board was positive in general, but Miller still needs to complete certain steps before they were willing to proceed.
• Approved with stipulations a petition for an exception for the purpose of a home-based business in an agricultural district at 6955 W. 650N, Etna Green. Lyle Chupp applied to open a dog kennel. Chupp plans to have seven females and one male in an eight-dog kennel and breed and sell them as hunting dogs. The stipulations were regarding potential noise issues and management of canine waste.
• Approved a petition for the construction of a residence addition at 120 EMS D17 Lane, Syracuse.
• Approved a petition for the purpose of a home-based business at 9151 W. 750N, Etna Green. The property was formerly used as a home-based business, and the new property owner/resident will be running a similar business.
• Voted to approve with stipulation a petition for a variance to permit a shed to be built that was constructed without a permit to replace a damaged previous shed at 192 EMS W23 Lane, southeast of CR 250E, Warsaw. The stipulation will require the property owners to build a house on the lot within the next five years in addition to the shed.
• Approved a petition for a variance to allow lot width of 83.74 feet, rather than the required 100 feet, at 6275 S. 600W, Claypool. This was approved in 1984, and there is a trailer on this property where property owner Michael Rohrer’s son and daughter-in-law live. Rohrer said he has no intention of selling either property; he’s just “getting it squared away just in case.”
• Approved a petition for an exception to amend a previously granted exception to allow the addition of parking for 23 trailers, six cars and two cargo containers at 12089 N. 200W, Milford. This is a home-based trucking business.
• Voted to approve with stipulation the construction of a shed at a lot located on the west side of EMS C28 Lane, Warsaw. The stipulation is property owners Justin and Kathleen Dwyer will be required to build a house on the property in the next five years.
• Approved a petition for a variance to allow the construction of a new residence 4 feet on both sides from the property line at 62 EMS B6B Lane, Leesburg.
• Approved a petition for a deck to be built 25.6 feet away from the water’s edge on the east side of Hiawatha Lane, 200 feet south of Fish Hatchery Drive, Syracuse.
• Approved a petition for a variance which would allow the alteration of a previously granted variance at 11877 N. Park Drive, Syracuse. The deck was 21.64 feet from the right of way, rather than the previously agreed upon 23.7 feet, and the uncovered open deck was built with an unauthorized root. Shrock Construction was given a verbal warning for going outside of what was approved.
• Approved a petition for a variance to build a pool equipment and pump house 10 feet from the water’s edge and zero feet from the property line at 6793 E. Eli Lilly Road, Syracuse.
• Approved a petition for a variance which would allow two residences on one tract of ground at 8575 E. Smith Drive, Syracuse. A contractor built a gazebo on the property line.
• Voted for a continuance for three petitions from SiteWorx for the property at 4916 N. Ind. 15, Warsaw. The first petition was an exception to allow an excavation business in an agricultural district. The second was for a variance to permit two uses for the property: residential and excavation business. The third was for a variance to permit the company to change and alter the granted exception to allow expansion of outside storage by 3.522 acres.
• Approved a petition for 16 EMS D16A Lane, Syracuse, to allow a shed to remain 1 foot from the north and west property lines.
• Approved Sam Korenstra’s petition, made on behalf of his daughter Adeline, for an exception to allow them to have three chickens with no roosters at their property, 12115 North Ogden Point Road, Syracuse, which is residentially zoned.
The BZA’s next meeting will be 9 a.m. Tuesday, May 12 in the Kosciusko County Justice Building.
