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Commission backs vacation of Crestwood stub road with condition to preserve wetland access

5334463 · July 2, 2025
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Summary

Kosciusko County Area Plan Commission voted 8–0 to recommend vacating a platted unimproved right of way between Lots 19 and 20 in Crestwood (Sawmill Lake); petitioners agreed to combine half of the vacated tract with an adjacent wetland (Government Lot 7) to avoid landlocking.

The Kosciusko County Area Plan Commission on July (meeting) voted 8–0 to forward a favorable recommendation to county commissioners to vacate a platted unimproved right of way between Lots 19 and 20 in the Crestwood (Sawmill Lake) plat.

The petition (vacation 2025‑6 for Jamaa Roos and Jennifer Griffin) seeks to vacate a triangular platted strip, about 42 feet at its widest point, that narrows inland and currently functions as unimproved grass between yard areas and marsh. Petitioners and representatives told the commission that if the right of way is vacated, the southern portion will be combined with an adjacent wetland parcel (identified in the record as Government Lot 7) so the wetland would retain deeded access and would not become landlocked.

Attorney Scott Royce, representing the owners of Lot 19 (the southern lot) and the owner of the wetland parcel, described Government Lot 7 as unbuildable wetland acreage; surveys in the record ranged from about 2.2 to 6.8 acres depending on water level, Royce said. “They will receive Tract 2 as shown on the blueprint, and they will then deed Tract 2 to be combined with Government Lot 7 so that there is access to Government Lot 7,” Royce told the commission.

A homeowner to the north, identified in the record as Alicia Salacci, said she has used the grassed unimproved area infrequently and that the southern neighbors had opposed prior disputes; she said she supported the vacation primarily to resolve neighbor conflicts and to formalize driveway access. Other residents and several remonstrance letters were on file opposing the vacation on grounds that the area provides community overflow parking, recreational shoreline access, and an informal gathering spot.

Commissioners discussed whether vacating the strip would create any landlocked parcels and confirmed that the petitioners had agreed to deed the southern tract to the wetland owner so access to Government Lot 7 would be preserved. Commissioners noted existing court rulings and past litigation referenced in the record; they also observed that open burning reported by neighbors in the unimproved area is a separate regulatory enforcement issue.

A motion to recommend vacating the platted unimproved right of way, with the arrangement that the vacated southern portion be combined with Government Lot 7 to preserve access, passed unanimously. The plan commission will forward a favorable 8–0 recommendation to the county commissioners for final action at 9 a.m. on July 29.