Kosciusko County zoning board approves a slate of variances and a home‑business exception

The Kosciusko County Board of Zoning Appeals approved a series of variances and one exception at a public hearing, allowing multiple property alterations, accessory structures and a home‑based business to proceed with conditions.

Many petitioners asked to keep ponds, porches, decks, garages or sheds closer to road rights‑of‑way, property lines or water edges than county zoning setbacks permit. Board members regularly approved the requests "as presented," commonly requiring documented neighbor sign‑offs, permit applications within the county’s 30‑day guideline and site stabilization or non‑expansion conditions.

Why it matters: These approvals change how individual properties may be used or developed and may require follow‑up permits, notary‑signed affidavits from adjacent property owners and state or county commercial compliance for businesses operating from residential parcels.

Actions and conditions - Continuance variance 202597 (petitioner: Jeffrey Katzur): Board approved allowing an existing pond to remain 70 feet from an adjacent agricultural property where the ordinance requires 200 feet. Approval included: a neighbor affidavit signature requirement, a prohibition on further excavation or expansion into wetlands, stabilization of soil/sedimentation piles around the pond and an after‑the‑fact permit fee. The record notes contact with IDEM (Indiana Department of Environmental Management); IDEM indicated it would not pursue enforcement so long as the pond is not expanded. The hearing officer said a permit fee of $125 was required and there was a separate attorney fee noted in the record.

- Variance (Diane Tola): Board approved a request to extend a deck two feet closer to a lake/water’s edge; petitioner was told to pull a permit starting that afternoon and no opposition was on file.

- Variance 2025121 (Derek and Jennifer Mast): Board approved leaving a pond 60 feet from a north property line (200‑foot setback required by ordinance). The approval required signed affidavits from three neighboring owners and a permit application; staff said the county has not found permits on file for the pond and requested the sign‑offs be notarized.

- Variance 2025123 (Steve Jackson): Board approved allowing an awning to remain 28–34 inches from adjacent structures and the water edge and directed the petitioner to pay the applicable fee and obtain permits within 30 days.

- Variances 2025124 and 2025125 (Abigail Singer): Board approved keeping a deck and an angled fence installed by a previous owner, with a neighbor sign‑off letter documenting no objection and a permit requirement for the deck (the hearing officer noted because the petitioner is a second owner the permit fee is reduced).

- Variance 2025128 (Thomas/Jackham): Board approved construction of a 24×26 garage with setbacks reduced to the requested distances; the petitioner stated site constraints (utility pole, wellhead, septic) limited placement options.

- Variance 2025131 (Joseph Martin): Board approved a detached garage 17 feet from the north right‑of‑way in North Webster, with the petitioner instructed to obtain a permit before starting work.

- Variances 2025132 and 2025133 (Heidi Orr): Board approved locating a new residence 27 feet from the water’s edge and an accessory building 28 feet from the water’s edge (both less than the usual setbacks). The board noted the plan includes demolition or removal of some existing sheds and a pump house; the petitioner and an interested buyer/surveyor said a survey will be submitted.

- Variance 2025135 (Larry and Stella Hollingsworth): Board approved a residence addition to remain 12 feet from the road right‑of‑way, in line with the existing house; petitioner confirmed property lines and the addition will be connected via an enclosed breezeway.

- Variance 2025136 (Susan Nixon — Fox Landing): Board approved screening in an existing porch and adding screen doors seven feet from the road right‑of‑way; petitioner was asked to obtain sewer district approval before the permit.

- Variance 2025137 (Ben Johnson): Board approved leaving a 12×16 shed placed by a previous owner 8 feet 9 inches from the side property line; staff confirmed no utility or drainage easements are affected.

- Exception 202552 (Brandon and Stephanie Cloud): The board granted an exception to allow a home‑based business selling and servicing pressure washers and waste‑oil heaters on a roughly 20‑acre parcel in an agricultural district. The Clouds said the operation will be primarily mobile service work and that on‑site storage would include a certified 250‑gallon waste‑oil tank for a heater. County staff and the hearing officer advised the petitioners that commercial criteria apply (commercial septic, well, drainage, and state permitting) and that a commercial checklist is available in the office. Letters of support from an adjacent business were noted in the record.

- Variance (Jason McLennan): Board approved reconstruction of an open porch with reduced setbacks in Silver Lake; the town provided a letter of support and petitioner was asked to get permits before work.

What petitioners were repeatedly told: obtain required county permits (often within 30 days), secure notarized neighbor sign‑offs where adjacent approvals are required, do not expand features (ponds/sheds) beyond the size under review, and follow any state or county commercial permitting steps for operations with employees or on‑site waste oil storage.

Meeting context and next steps Most items were handled individually with short public comment or letters on file; several neighbors expressed support or noted the properties were unkept and would improve with proposed work. The hearing officer and county staff repeatedly reminded petitioners that formal building or commercial permits and, where applicable, sewer/health approvals are separate processes that must be completed before construction or operation begins.

The board’s approvals do not replace building, health or state approvals where required. Petitioners were told to stop at the zoning office on the courthouse third floor to obtain checklists, notary services and permit paperwork.