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BZA orders lakeside gazebo removed and denies shed after neighbors cite erosion risks
Summary
Kosciusko County's Board of Zoning Appeals ordered removal of a lakeside gazebo/pergola and denied a proposed shed on Michael Zimmerman's Turkey Creek Township property after neighbors and the board raised concerns about shoreline stability, DNR findings and public safety.
The Kosciusko County Board of Zoning Appeals voted to require removal of a pre‑existing gazebo/pergola and denied a petition to place a shed at a lakeside property owned by Michael Zimmerman in Turkey Creek Township, after several nearby residents and lakefront property owners raised concerns about shoreline erosion, seawall stability and the scale of improvements.
The property had drawn formal complaints and DNR involvement earlier in the process. Opponents told the board they had observed increased erosion and a failing seawall in the immediate area, and several neighbors said extra structures and added weight near the waterline could aggravate the shoreline. Supporters said the gazebo had become a neighborhood gathering place.
During the hearing Mike Zimmerman told the board he had pulled the required permit after being notified and said, "I pulled my permit," and also told the panel the gazebo is removable: "It's 10 lag bolts, and I can move it." Multiple neighbors described visible seawall deterioration and said they feared added structures would accelerate shoreline loss. One nearby resident said, "It's been a junkyard for the last year" in a separate case later in the agenda, and others cited smoke and outdoor storage concerns around different properties; the Zimmerman hearing was notable for direct DNR/floodline references and strong local feeling about lakefront stability.
After testimony for and against, the board voted that the gazebo must be removed. The board also denied the proposed 8×24 shed — finding the parking/egress, floodplain and public‑right‑of‑way impacts unacceptable as presented. The board recorded the removal motion and the shed denial by voice votes; staff will inspect the property to verify compliance.
Why it matters Board decisions on lakeside structures can affect neighboring properties' shoreline stability, local flood risk and public access. The DNR and other agencies may be involved for shoreline and floodplain matters, and the BZA indicated it weighed not only zoning setbacks but also the potential environmental and safety consequences.
Next steps Planning staff will follow up to confirm removal of the gazebo and that the shed will not be placed. If the owner complies, there are no further BZA actions required on this item; noncompliance would trigger enforcement procedures.
