Kosciusko County hearing officer approves multiple variances and exceptions; some approvals conditioned on permits or DNR documentation

At a Kosciusko County hearing officer meeting, the hearing officer and planning staff approved a batch of variances and exceptions affecting properties in Plain, Tippecanoe, Turkey Creek, Harrison, Franklin and Washington townships, including shoreline setbacks, residential additions, accessory structures and fences.

The approvals included conditions in several cases: applicants were told to obtain after-the-fact permits or standard permits, some approvals required written or verbal confirmation from the Indiana Department of Natural Resources for structures over water, one approval required a letter from a campground manager, and a neighbor support letter was requested in one accessory-building expansion case.

Why this matters: these decisions modify local zoning and setback rules for individual properties and can affect shoreline protection, road visibility, stormwater and neighboring property access. Several cases involved structures already placed without permits, emergency repairs (including tornado damage in one lakeside case) or previously issued blanket approvals that influence how a variance is handled.

Most notable approvals and conditions

- Variance 2025141 (Brandon Bontrager): Approved to allow widened stairs to remain closer to the water and roadway than current ordinance allows. The hearing officer said an after-the-fact permit will be required; staff indicated an after-the-fact fee of $125 applies.

- Variance 2025144 (Deborah Grofus): Approved for an existing gazebo that at parts cantilevers over the water; the approval was conditioned on the applicant providing either a written DNR letter stating no objection or at least a verbal confirmation to county staff that the DNR has no objection. An after-the-fact permit and the standard filing fee were also discussed.

- Variance 2025145 (Thaddeus Murphy): Approved for 12-foot-wide stairs closer to the property line and road than the ordinance typically allows. The hearing officer advised the applicant to obtain the required permit before finalizing the stairs.

- Variance 2025148 (Jason Bledsoe): Approved to replace a long-standing residential fence with a 6-foot fence in a front-yard setback area; staff noted surrounding owners had been notified and the fence was not along the roadway.

- Variance 2025149 (Patricia Byram): Approved to add a permanent roof over an existing deck on a unit in the JT's campground area; approval included a screening requirement and a condition that the applicant submit a letter from JT's manager referencing the campground's blanket approval.

- Exception 2558 (Darren Rodriguez): Approved to construct a personal-use barn in an I-2 corridor area; the petitioner owns a 15-acre parcel and the hearing officer approved the exception as presented.

- Variance 2025155 (Kenneth): Approved to leave a shed as placed 43 inches from a right of way inside JT's campground; staff later determined the unit is approximately 8-by-10 feet and therefore exempt from permit requirements, so no permit will be required for that shed placement.

- Variance 2025156 (Nancy Lewis): Approved to replace two smaller buildings with a single new shed placed 5 feet from the highway right of way; staff advised that a flood permit may still be required even if a building permit is not.

- Variance 2025158 (Matthew/Edward Evertz): Approved for a residence addition that will be 32 feet from the road right of way (35 feet required). Staff advised the applicant to check with the health department for any septic/health sign-offs.

- Co-op/Keystone Co-op exception: Approved for a three-sided equipment storage building (no water or electricity) to store spreader and sprayer equipment; staff said the building will be largely screened from the road.

- Variance 2025164 (Steven Nifong): Approved for reconstruction of a residence within 16.9 feet of a measured water edge where 35 feet is required; staff said the triggering issue was a drainage channel on neighboring property and that the applicant will meet required side setbacks.

- Exception 2025-62 (Mark Grady): Approved for an oversized accessory building (80 by 140 feet) with the applicant combining lots; staff confirmed neighborhood notification and lack of town input.

- Variance 2025167 (Janet Garwood): Approved for an existing 10-by-14 shed placed 16 feet from the right of way; because the shed was placed by a prior owner, staff waived the after-the-fact fee and recorded that the permit fee due is $10.

- Variance 2025168 (Chad Whitehead): Approved to add onto an existing accessory building where the addition would come to 16 feet from the side property line; approval was granted conditioned on a written letter from the neighboring property owner (Bob Bishop) indicating no opposition.

- Variance 2025169 (Ryan Craft and Julie Martinez): Approved to allow an accessory building constructed in 1979 to remain at 0 feet from a vacated right of way and 5 feet from a side property line; staff said the after-the-fact permit for an older structure will be the $10 second-owner fee, not the $125 fee.

- Variance 2025172 (Gunner and Eleanor Grumbaus): Approved to replace and cover an existing deck footprint with a covered porch 26 feet from the water's edge (35 feet required); the applicant said the prior deck footprint existed before tornado damage, and staff required that a building permit be obtained before construction begins.

Continued items and follow-ups

- Variance 2025150 (Hardy Look) and Variance 2025165 (Donald Rice) were continued because the applicants had not completed required notifications or were not present; both were rescheduled to the August 11 hearing.

- Several approvals required administrative follow-up: submission of after-the-fact permits or reduced permit fees depending on ownership history, DNR confirmation for over-water structures, letters from campground or neighboring property managers and health-department sign-offs for additions.

Votes at a glance (cases approved)

All listed items below were approved as presented unless otherwise noted. Where the transcript records no roll-call or recorded tally, the hearing officer closed public comment and announced approval.

- 2025141 (Bontrager) — Approved; after-the-fact permit required; after-the-fact fee discussed ($125). - 2025144 (Grofus) — Approved; conditioned on DNR written/verbal no-objection to any over-water cantilever and after-the-fact permit. - 2025145 (Murphy) — Approved; applicant instructed to obtain required permit before stair construction. - 2025148 (Bledsoe) — Approved; fence replacement allowed (6 ft) with neighborhood notifications noted. - 2025149 (Byram) — Approved with condition that screening be provided and a letter from JT's manager documenting the blanket approval be submitted. - 2558 (Rodriguez) — Approved; exception for barn in I-2 district granted; owner has 15 acres. - 2025155 (Kenneth) — Approved; shed placement allowed and later determined to be exempt from permit due to 8x10 size. - 2025156 (Lewis) — Approved; replacement shed 5 feet from right of way; flood permit may still be required. - 2025158 (Evertz) — Approved; 32-foot setback from road accepted; health department sign-off recommended. - Co-op/Keystone Co-op exception — Approved; three-sided equipment building allowed. - 2025164 (Nifong) — Approved; 16.9-foot setback from measured water edge allowed for reconstruction. - 2025-62 (Grady) — Approved; oversized accessory building allowed and lots to be combined. - 2025167 (Garwood) — Approved; existing shed allowed, $10 permit fee (no after-the-fact fee for second owner). - 2025168 (Whitehead) — Approved; conditioned on a neighbor letter confirming no opposition. - 2025169 (Craft & Martinez) — Approved; existing accessory building allowed to remain after right-of-way vacation; $10 permit fee noted. - 2025172 (Grumbaus) — Approved; covered porch permitted where deck previously existed; building permit required before construction.

What the transcript records, and what editors should note

- Most decisions were routine approvals after public comment closed; the transcript records no recorded roll-call vote tallies. - Several approvals stemmed from structures already placed without permits; county staff repeatedly required after-the-fact permits or noted exemptions based on building size or owner history. - Shoreline and over-water structures prompted DNR involvement; staff explicitly said they cannot authorize structures to remain over the water without DNR sign-off.

Ending: The hearing officer adjourned after moving to continue several items to allow applicants to complete notifications or supply surveys. Follow-up filings, permits and any DNR or manager letters will be required in the cases noted above.