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Kosciusko County Board of Zoning Appeals approved a petition for an Atwood business owner to relocate just east of Etna Green.
Joseph and Roseline Slone, owners of Joey's RV Service LLC in Atwood; and Carl Hochstetler, Ideal Construction, attended the Tuesday, Dec. 9 board meeting to explain their proposal.
In May, a petition to rezone 12 acres from agricultural to commercial property east of Etna Green was approved by the Area Plan Commission. The property is on the north side of CR 300N, west of CR 950W.
Joseph is currently leasing his business on Main Street in Atwood. Hochstetler said the goal is to build Joseph's shop on the Etna Green property, as Joseph's lease runs out for his Atwood location at the end of 2026 and the land has been sold.
Kosciusko County Area Plan Commission Director Matt Sandy said County Highway Superintendent Steve Moriarty brought two issues about the project to the board's attention. Moriarty told the board CR 300N is not a commercial-standard road and would need to be brought up to that standard. He also said the department had concerns with traffic at the intersection of CR 300N and Old 30, noting both road projects would need to be done at the petitioner's cost.
"All my deliveries basically are 98% box trucks to my establishment," said Joseph. "In the rare occasion of a semi ... these drivers are very talented. On those rare occasions, my receptionists can have them directed to U.S. 30 and State Road 19, east on Old 30, and pull them straight in. Ninety-five percent of our deliveries are from Elkhart. They'd be coming down from 19 at any rate."
"We want to help you maintain and improve your business, so that's not an issue," said BZA Chairman Lee Harman. "We're not the experts when it comes to the traffic considerations. That's where the highway department has to weigh in on this. This sheds light on it, but you need to make that argument with the county highway, let them deal with that."
The BZA approved the exception with the request that a plan the county highway department implements for traffic in the area be utilized by the business.
Shed And Residence Addition Request
In other business, the BZA approved a petition for a variance for allowing a 10-foot by 16-foot shed to remain as placed 1-1/2 feet from the side property line, 6-1/2 feet from the boatwell, and 3-1/2 feet from the water's edge. The property is at 35 EMS B40F Lane, Leesburg, and is owned by Johanna Plank.
"That shed was actually on the property originally, illegally, by a prior owner," said Sandy. "And that shed did sit at 19 feet from the right-of-way, 3.4 feet from the sideline ... the shed was relocated to the water's edge."
Plank told the board she originally was considering building a garage but that both of her neighbors have structures encroaching on her property that would result in relocation for those structures. She also noted she did not want the shed to encroach on a nearby well on her property.
An individual looking to purchase property in the area attended the meeting in support of Plank's request. Sheri Mudrack, a neighbor, opposed the petition, stating the shed obstructed her view of the channel.
The BZA approved Plank's petition with the condition the shed be placed 5 feet from the side property line.
The BZA also approved a petition for a variance for allowing a deck and stairs wider than 5 feet to remain as constructed at 55 EMS B40G Lane, Leesburg, owned by Kyle Dunphy.
Dunphy told the board the work started as renovations but turned into a construction project.
"(My contractor) was operating under a renovation permit and I did all the drawings for the property," said Dunphy. "He didn't share those renderings (to the board) apparently. And he called (the deck) a patio in the new construction permit, apparently. Then he walked out on the project, so I was stuck with my house in the air, and I found a new contractor."
"It sounds to me like there were a confluence of errors here, not a willful disregard," said Harman.
The following petitions were also approved:
• A variance permitting the construction of residence additions 23.5 feet from the north right-of-way at 13963 N. 75W, Milford, owned by Devon Ramer.
• A variance for allowing a solar array to remain as placed 11.99 feet from the side property line at 5104 S. 450W, Claypool, owned by Howard Kretsch.
• A variance permitting the change of a non-conforming mobile home park at Lakes Estates Mobile Home Park, 1 EMS B37 Lane, Warsaw, by allowing new units to be placed 5 feet from the interior road.
• A variance for allowing LP tanks to remain as placed at 24 EMS R4D Lane, Pierceton, owned by James Orr.
• A variance for allowing a gazebo to remain as placed at 10488 N. Elwood Ave., Syracuse, owned by Rachael Larson. The board also requested a swing on the property be moved out of the right-of-way.
• A variance for allowing a 10-foot by 20-foot accessory building to remain as constructed at 161 EMS T26 Lane, Leesburg.
The BZA's next meeting is at 9 a.m. Tuesday, Jan. 13 in the Kosciusko County Justice Building.
