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Kosciusko County BZA denies backyard chickens, approves multiple variances and imposes settlement for rebuilt home
Summary
The Kosciusko County Board of Zoning Appeals on its recent meeting denied an after‑the‑fact request to keep backyard chickens over county and state animal‑health concerns, approved multiple variances and accepted a $1,500 settlement in a setback violation.
The Kosciusko County Board of Zoning Appeals on its recent meeting denied an after‑the‑fact request to keep chickens on a Bass Drive property, approved a series of variance and exception requests for lakeshore and residential properties, deferred enforcement in one temporary‑residence case for six months and negotiated a $1,500 settlement for a rebuilt porch that exceeded an earlier setback approval.
The denial of the chicken request came after board members and staff cited disease‑control concerns. Staff noted state poultry‑health protocols that trigger additional controls when commercial confined animal feeding operations lie within a two‑mile buffer of a hobby flock. The board voted to deny the exception and ordered removal of the birds within 60 days.
The board also moved to allow several after‑the‑fact or modified structures to remain with conditions: one shoreline pergola and a carport were approved with the requirement that the owners obtain after‑the‑fact permits and pay the applicable fees; a shed that straddles a property line was allowed to remain under an existing encroachment agreement and with a deed/recording condition to protect future owners; and a proposed oversized accessory building was approved after testimony that the structure would match the house’s materials and would not require additional setback reductions.
Separately, the board approved a conditional rebuild for Donald and Sheila Clausen: the board allowed the owners to reconstruct portions of the roof and walls 2 feet from the north property line but made that approval conditional. If, during demolition, the rest of the structure must be removed, the house must be moved or rebuilt to meet the 5‑foot setback.
The board denied a variance request filed by Sheila McDonald for a completed addition that sits 7 feet 10 inches from a…
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