Continuously serving Kosciusko County since 1854
Kosciusko County Area Plan Commission welcomed a new commission member and denied two petitions during a meeting Wednesday.
The commission welcomed Tom Moore as a member. He is the representative for the Small Towns committee and is filling the seat created after Casey Boggs’ resignation.
During a meeting in July, the APC denied a petition for Earl and Lauren Chupp to rezone 19.27 acres of property off of West CR 1000N, Nappanee, from an Agricultural District to an Agricultural 2 District.
Matt Sandy, Area Plan director, stated in 2024 a variance was approved to have two residences on one tract of land, and the Chupps are now looking at separating the 19.27 acres.
The Kosciusko County Commissioners received the denial at their recent meeting and asked the commission to take another look at it after further details were given. Tina Owens with John Kimpel and Associates Land Survey, came to represent the Chupp family again and to give the updated details of how the properties would be separated.
“Two years ago … was he told at the time how this would work?” asked Joe Irwin, commission member.
“Yes … and he was buying it conditional on this being approved. At the time, we did talk about if it has to be split … you may or may not get it,” answered Sandy.
Owens noted to the commission an intention for this subdivision was for the Chupps’ son to eventually buy the land to the east of their property, which is currently owned by Randall Hepler. Sandy asked if there was any reason for them to not wait until Hepler sells to the Chupps, which Owens answered, “Mr. Chupp does not want to see his children have to deal with the hardship that his nieces and nephews currently are after the death of their parents.”
The commission received one letter in opposition to the petition from a neighbor to the north of the Chupp family. Doug Ruch, commission member, asked what the difference is between this property and the one across the road that also had a petition denied for wanting to rezone to an Agricultural 2 District. Irwin stated the Chupp family “knew this when they went to the BZA,” and found it “disturbing that people are building these houses for hardship and building a house that’s bigger than the original … then coming in and saying we need to rezone.”
The petition was denied again.
Steve Snyder, local attorney, came to the meeting on behalf of Aurea Anglin, asking to rezone 18.41 acres from an Agricultural District to an Agricultural II District. The property is located on the south side of Hoppus Road in Claypool.
“Aurea Anglin owns the property now … and would like to rezone to Ag 2 to allow for a two-lot subdivision on the property. There are currently ag buildings on the property, but no residences,” stated Snyder. “Rezoning would prevent the loss of tillable acreage … and we only want to rezone 4.5 acres to the north.”
Irwin and Moore both noted they were familiar with Hoppus Road, and how it is not the safest road to travel on. Moore stated that it “wouldn’t lend to more driveways.” Snyder stated that his client “has a right to put a house there.”
Todd Gerst, a neighbor to the east of the Anglin property, came in opposition of the petition. He told the commission there are working farms around, “lousy roads” and his family moved to the area because of the agricultural zoning. Snyder responded by saying that it is Agriculture 2 compatible and gave the commission several examples of how he and the petitioner could make the land usable for the future.
The petition was denied, with Ruch stating that it was too similar to the Chupp case, “only there are no residences on it.”
The commission also:
• Approved the petition by Ricardo Prater to rezone 1 acre of land located off Pierceton Road in Pierceton from a Public Use District to an Agricultural District.
• Approved the petition from Samuel Whitehead to rezone 1.67 acres of land off EMS D16 Lane in Syracuse from an Agricultural 2 District to a Residential District.
• Approved Phase 2 for the Eastfield subdivisions in Milford. Tim Saylor, an engineer with Innovative Communities, came on behalf of the developer, and said that it is “nearly built out now, and has completely constructed Phase 2.”
• Approved a preliminary plat petition for Ryan Maclagan Residential Development. The property is located on the west side of South Barbee Drive in Tippecanoe Township.
James Bausch, a real estate broker with Re/Max, came on behalf of MacLagan, stating that the MacLagans wanted to split the property in order for the two residences on the property to be on their own tracts.
Michelle Reiter, a neighbor to the south, stated that the cleanup that they have done to the property has improved it immensely, and made sure that the southern plat would not intrude on her property line.
James Mazer, a neighbor to the north, came in opposition, stating that it would not fit into the neighborhood.
• Tabled a vacation of a right-of-way off Waco Drive, Syracuse. Lee Harman, commission president, stated he did not feel comfortable approving the vacation without the petitioners present.
• Talked about making a new ordinance amendment for the permits that are issued by the commission.
The next meeting of the APC will be at 1 p.m. Wednesday, Sept. 2.
