Kosciusko BZA Denies Chickens In A Residential Area

Kosciusko County Board of Zoning Appeals denied a request to allow chickens in a residential district during their Tuesday, June 9 meeting.
In May, the BZA heard a petition from Christopher Wilson, who presented a petition for an exception allowing chickens at his residence at 2290 S. Sunrise Circle, Warsaw. This was continued until there was more information gathered after hearing that there may be other livestock in the same residential district.
Matt Sandy, Area Plan director, noted that after the last meeting, there was a question of chickens being approved to be in the area, which was unfounded. The horse was also brought into contention and was found to be in a permitted district. There is no Home Owners Association in the area after it was disbanded.
Wilson stated that he did research on what other bigger cities allow when it comes to poultry, and found that many surrounding large cities allow six hens in a residential area. He talked to his neighbors about having the poultry, and told the board that he started a petition online which has “over 700 signatures (from people) in the area,” which Sandy clarified that they were not all from the area.
Wilson stated that the chicken coop would be an accessory to his home, “just like a garden or a shed.” BZA Hearing Officer Randy Cox stated that there were restrictions on the lots, which Wilson had to have known when he bought the property, and “should be used as a residential property only.”
“I’ve got a standing structure that’s 36 feet long that many consider a barn,” rebutted Wilson. “Which was approved. I had a permit to do so.”
John Beer, board vice chair, asked what Wilson will do to contain the chickens, to which Wilson responded that he has a run, and they converted an old playset into a coop.
“The comparisons to larger cities is not good,” said Board member Dan Richard. “We’re a smaller area with several multi-million dollar agricultural operations, chicken operations, that are left susceptible to disease … also, not having a homeowners association does not negate a private covenant that all of you within your club are subject to.”
Sandy stated that every time they have had a chicken petition come up that it has been denied by the board to protect residential districts. Sandy also reiterated Richard’s point that because they are in the biggest poultry-producing counties in the state, “it is a fine balancing act,” and not fair to compare to other cities.
Board member Kevin McSherry stated that they have denied other petitions like this, and they need to stay consistent. This was denied.
Also in May, the board continued a petition for an exception that was presented by Brian Kieffer with Turtle Cove, with the request asking for the change and alteration of a granted exception by allowing two units to remain as constructed within the park at 73 EMS B61 Lane, Warsaw.
Sandy reached out to the Indiana State Department of Health about the impact of the residences in regards to state licensing, and they stated they had no problem with it.
Kieffer was accompanied by attorney Scott Reust with Rockhill Pinnick LLC. Reust apologized on behalf of Kieffer, stating that he did not know why Kieffer did not have a permit or why he built permanent structures.
“They are the nicest things in the mobile home park now,” said Reust. “(Kieffer) has no plans to change the residences from seasonal … he will agree and be bound by your requirement that those two units remain seasonal as the rest of the park is seasonal.”
The previous owner of Turtle Cove stated that there was a miscommunication between Kieffer and Board President Lee Harman. He wanted the board to know that the grey area with mobile homes is vast, and asked the board to look at the grey area when it comes to what constitutes a “mobile home.”
Richard stated how there was a valid concern of what a mobile home is, but that was an issue for another day. He moved to approve the petition with the conditions still in place, they will remain seasonal units, and at least a $250 permit fee for both structures, which was approved.
The next meeting of the Kosciusko County BZA will be 9 a.m. Tuesday, July 14.