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Kosciusko County Board of Zoning Appeals continued several requests and addressed some appeals during a Tuesday, July 14 meeting.
A request for a petition for an exception for construction of an oversized accessory building in a residential district at 13326 N. Eastshore Drive, Syracuse, was presented by Karl Graber on behalf of James, Linda and Kelsey McAdams. Graber said the structure would be used for storage.
The request was initially presented to and approved by Hearing Officer Randy Cox on Monday, July 13. However, Plan Commission Director Matt Sandy noted there were remonstrators at the hearing who requested the petition also be presented to the BZA.
Ann and George Xanders, adjacent property owners, attended the meeting in opposition of the McAdams' request. Ann stated the petition wouldn't be consistent with some sections of Kosciusko County's zoning code.
"It's visually dominant to a degree not reflected anyplace else in the neighborhood," said Ann. "We are a neighborhood of residential structures with accessory buildings, not a neighborhood of storage buildings that are twice the capacity of a living space."
Greg Arnott, a resident on Eastshore Drive, also expressed concerns with the proposed size for the structure.
Graber said the structure will be behind the existing residence and will look residential in nature.
BZA member Dan Richard said he was familiar with the area and disagreed with some of the information remonstrators presented. The board voted to uphold Cox's decision to approve the McAdams' petition.
The board also addressed a petition for a variance permitting the construction of a residence addition and covered porch for property at 12105 N. 320W, Milford, owned by Nathan and Deidrea Martin. Cox heard the request in May and partially approved the request at that time, allowing the Martins to build a second story for their home, with the condition that any new construction on the porch may not get any closer to the right-of-way.
Nathan said he submitted several letters of support for the project from neighbors.
"Randy had asked some questions," said Nathan. "He had asked why we don't keep it the same on the roadside and make it bigger on the north side of the house. So, I went to the builder and engineer, and they both said with the roof lines, it just wouldn't tie in."
The BZA approved upholding Cox's decision, asking the Martins to stay within the current parameters.
Local attorney Steve Snyder also presented two petitions for appeals based on Sandy's decisions for properties owned by Blake Arbogast, 11717 N. Ogden Point Road, Syracuse; and Lisa Roberts, 56 EMS C27C1 Lane, Warsaw. Both petitions are in regard to air conditioning units. Snyder said only the BZA can make the determination that there is or isn't a change in circumstances for the denied variances to be refiled. BZA members said they would need to consult with Adam Turner, their attorney, to review Snyder's points on Arbogast's and Roberts' cases.
Continuances
A case for 6725 N. Kalorama Road, Leesburg, for permitting the reconstruction of a garage was continued again, as the property owners are waiting on a survey to be completed.
Two petitions for variances permitting allowing a carport to remain 4.2 feet from the road's right of way and for a shed and pergola to remain as placed 3-1/2 feet from the road right-of-way were also continued. The petitions are for property located at 4324 E. Defreese Road, Syracuse, owned by Kim and Deborah Endicott.
Sandy said the carport's minimum setback is 35 feet from the right-of-way.
Kim told the board he could potentially move the carport about 10 feet to the north. For the pergola, Kim said he didn't want to put it near the channel since it would disrupt the neighbors' view. He estimated the shed had been there for close to two decades.
The board approved giving the Endicotts 30 days to see if they can resolve the current issues with the carport, shed and pergola.
A petition for property at 5937 E. Pickwick Road, Syracuse, was also continued. The petition, requested by Jerry Miller, was for the construction of an oversized accessory building. BZA members expressed concerns with the proposed structure's size and continued the request out 30 days.
Karl Stutzman presented a petition for an exception to allow a home-based business, specifically for wood coating, at a location on the south side of CR 1000N, and 1,570 feet north of CR 950N, Nappanee. Stutzman said it would be a three-man wholesale operation involving himself, his father and his brother. Stutzman and board members discussed how the property in question is in the floodplain. The board encouraged Stutzman to make contact with Neal Brown at the Kosciusko County Health Department.
"I'm not comfortable at all acting on this until you've got approval and talked about if you need sewer or not," said Richard. "I think you've got a cart a little before the horse here."
These continuances will all be addressed at the BZA's next meeting at 9 a.m. Tuesday, Aug. 11, in the Kosciusko County Justice Building.
