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Plan commission recommends encroachment agreement, denies vacation of Hillcrest Park right-of-way
Summary
Porter County Plan Commission recommended a consent-to-encroach agreement for buildings on a public right-of-way at 5702 Grandview Avenue and separately recommended denying petition V0E2025-12 to vacate that right-of-way; both recommendations will go to the County Commissioners.
The Porter County Plan Commission on Monday recommended a consent-to-encroach agreement for existing buildings that overlap a public right-of-way at 5702 Grandview Avenue and, in a separate motion, recommended denying the vacation petition for that same right-of-way.
The action came during public hearing V0E2025-12, in which petitioner Brenda Deal asked the commission to vacate the east 20-foot strip between two parcels in the Hillcrest Park subdivision, saying her shed and a portion of a house encroach on the dedication. County staff told the commission they had located a 1914 dedication in the county records and that a Valparaiso Lakes Area Conservancy District letter indicated the utility district wishes continued interest in the right-of-way for possible future utilities.
Staff urged extra steps before any final action, saying the county had not confirmed whether a water main runs in the dedicated strip. A staff member told the commission, “We believe there might be a water main in there,” and recommended obtaining an as-built or legal boundary survey and utility verification before sending any ordinance to the County Commissioners. Staff also said an encroachment agreement could accommodate the existing structures for financing and sale purposes while preserving the county’s future utility interest.
After discussion and public comment — during which the petitioner confirmed she was trying to sell the house — the commission voted on two separate, advisory recommendations for the County Commissioners. First, the commission voted 7-0 to recommend consent to encroach for the existing structures and any appurtenances within the public right-of-way contingent on a legal description prepared by a land surveyor and verification with utilities, including the water company. The motion directed that documentation be prepared for an encroachment agreement to present to the County Commissioners.
The commission then voted 7-0 to recommend denial of the petition to vacate the dedicated right-of-way. Commissioners and staff emphasized that the planning commission’s role is advisory and that any ordinance vacating a right-of-way would need approval by the County Commissioners.
The commission also asked the petitioner to obtain locate documentation (the 811 locate number) showing the scope of any marked utilities, and to provide a survey-based legal description of the area proposed for an encroachment agreement.
If the County Commissioners accept the planning commission’s recommendations, the encroachment agreement approach would allow the petitioner to address financing and sale concerns without removing the county’s dedication of the right-of-way for potential future utilities.
Votes at a glance: the consent-to-encroach recommendation passed by voice/roll call 7-0; the recommendation to deny the vacation passed 7-0. Both actions are advisory and will be forwarded to the County Commissioners for final action.
