Kosciusko BZA Approves Hearing Officer Appeal

Kosciusko County Board of Zoning Appeals approved an appeal during their Tuesday, June 9 meeting.
Moises Sanchez came before the board after having a hearing officer appeal. He had petitioned for an exception for the purpose of allowing a home occupation in a residential district. Sanchez asked the board to allow for an office in the barn on his property at 5184 E. Wooster Road, Pierceton.
“The hearing officer did act on this in May, and approved it as presented at that time,” Matt Sandy, Area Plan director, explained. “The neighbor did wish to appeal it, and was able to do so within the 15-day window to get the appeal in.”
Because of the appeal, this had to be presented to the board as a new case again. Sanchez told the board what has happened since the appeal happened, and noted he understood that the barn was not in the best condition, but was working on making it into a workable office area.
Sandy asked what will the operation be on site, which Sanchez answered it will just be to park company vehicles. He noted that there will be no work at the residence, no job material and no customers.
Dan Richard, board member, asked if Sanchez or the person who appealed were aware of the five conditions that were applied by the hearing officer: no construction material from the construction sites; materials to be delivered to construction site; vehicles associated with the business will be parked in front of the existing barn; all vehicles and trailers to be stored behind a board compliant solid screen fence; and he will continue to clean up the property.
Sanchez remarked that is the ultimate goal and elaborated any trash or debris were not from job sites, rather from the renovation at the barn.
Julie Martinez wrote a letter in support of Sanchez.
Henry Clark, a neighbor of Sanchez, stated that he did not agree with “noise and hoopla” that will go along with having a full-scale construction company next door. Clark noted that there is a hill on Wooster Road where the speed limit is 35 miles per-hour and noted no one follows it.
He stated that it would be a pain and “an accident waiting to happen” as there are trucks parked on the side of the road. Clark noted he measured and took pictures of the trucks, but could not give the board the photos.
“I’m not giving up the quiet, the enjoyment of my home … someone’s going to get hurt and I hope it’s not my wife or one of my seven children,” said Clark.
“I understand his concern,” rebutted Sanchez, “and that’s why we’re moving the trucks to the north side to stay away from Wooster (Road) … There’s nothing I can do about the noise because I also have seven kids.”
Board member Kevin McSherry asked if they approved the petition today, and there became a problem later down the road, if it could be revoked at a later date. Sandy responded if there was an issue in the future, Sanchez would have to correct those violations, and if he does not, he will have to re-petition.
This was approved with with the previously stated five conditions and an additional condition that there will be no parking along Wooster Road.
SiteWorks Property 21 had three petitions that were continued by the board in May because they were looking for more information as far as sewer, dust control, noise that would come from the facility, and drainage. This property is at 4916 N. Ind. 15, Warsaw.
Sandy noted receiving a letter from the airport with concerns about regulations. Nick King, airport manager, expressed concerns with the petition were the stormwater and not having permanent pools as that would attract water fowl; dust control and the impact it will have with flight patterns; and equipment and stockpile heights because of the certain protective airspace surface requirements.
JJ LaBounty, with C&E Excavating, noted that the concerns from the airport were new to them, but are willing to work through those issues if needed. He stated that they have been working on the sewer system, moving materials, working with the Indiana Department of Transportation, have mobile water trailers to help deal with the dust, working with Jim Moyer and the county surveyor’s office on the drainage, and have had decibel readings that they have given in the past.
Sandy asked if they would have any issues not expanding into the south property until the sewage is brought into full compliance. LaBounty stated he did not believe it would be an issue and will have to work on moving material until they can meet requirements.
McSherry noted that the concerns that King brought to the board are valid and they “don’t want to throw a wrench in their operation.” Richard noted that he was hesitant with the expansion and the decibel study that was done, and motioned to deny two of the three petitions. He stated that he would approve the variance to change and alteration of the grounds to “give them a chance to improve that site,” and have them come back in a year with all the approval needed to expand that tract, which was approved.
The board also:
• Approved a petition that was continued from the March meeting, with the conditions that the fencing needs to be completed, all equipment being kept in the screened area, compliance with state and local regulations, and that only personal vehicles be out front. This property is at 6278 N. 1050W, Etna Green, and is owned by Steven Schwartz.
• A continuance for a petition at 5038 W. 1100N, Milford, was withdrawn as the petitioner found a new parcel of land.