Kosciusko County zoning board denies one exception, defers enforcement and approves several variances

The Kosciusko County Board of Zoning Appeals met in March to hear a set of variance and exception requests affecting accessory buildings, setbacks, seasonal park permitting and one contested mechanical placement.

Planning Director Matt Sandy introduced the cases and asked petitioners to state their names and respond to questions. In one contested matter, petitioner Sandy Epler told the board she uses the structure’s restroom facilities for family visits and said she hoped to sell the property rather than convert the building into a full home. “I have 17 grandkids… we wanted to be able to have a place to go to the bathroom instead of going into the house,” Epler said when describing why she sought relief to keep a residential-appearing accessory building on a lot without a principal residence.

After discussion about whether the structure appears residential and whether the situation resulted from noncompliance, the board approved a motion to deny Exception 2026-19 but to defer enforcement and penalties for one year so the petitioner can attempt a sale or otherwise bring the parcel into compliance. The board asked staff to obtain the realtor contact so officials can communicate the outcome and enforcement timeline to prospective buyers.

The board continued two cases to the April 14 hearing to allow petitioners to pursue alternatives or provide additional documentation. A variance for a pole barn and a nearby fuel tank (petition by Noel Miller) was continued for one month after staff and the petitioner discussed options such as purchasing additional land or reducing the building footprint. A request by Marlin Slabaugh to permit a second full residence on one tract was continued to allow the petitioner time to consider options (adding to the existing house, scaling back plans or clarifying a family-only restriction).

The board approved several items: an exception (2026-2) for Dan Harstine to add a 10-by-36-foot lean-to/extension to an existing accessory building was granted with no opposition recorded. A variance to build a pool house on an existing slab 11 feet from the west property line — where a larger setback normally applies — was approved 3–2 after attorney Mary Pat Odom argued lot contours and the existing slab created practical difficulties: “the zoning ordinance is flexible, and it’s flexible for the reasons that each piece of property is different,” Odom said.

Campground operator representatives asked to take on on-site permitting for small improvements (porches, decks, sheds) with an annual written report to zoning staff in lieu of individual permits. The board approved that arrangement with conditions: the operator must provide a written annual report/site documentation and use a written permit or site-plan form so staff can verify compliance; staff will supply example forms and oversee enforcement.

On a separate hearing at Chapman Lake, the board denied a variance request to leave an air-conditioning unit 39 inches from a side property line, citing self-created hardship and the petitioner’s prior representations about mechanical placement. Attorney Mary Pat Odom said a neighbor was willing to grant a negative easement to create the required five-foot setback, but board members said the petitioner had not followed earlier commitments and moved to deny.

What happens next The board instructed staff to follow up on enforcement deferral paperwork in the Epler case, to collect realtor information and to accept continuance materials from petitioners before the April 14 hearing where continued items will return. Petitioners granted conditional approvals must submit the documentation and the campground operator must provide the proposed annual report form.

Votes at a glance - Exception 2026-19 (Sandy Epler): Motion to deny the exception and defer enforcement/penalties for one year — motion passed (board will withhold enforcement during the deferral period; petitioner must return if noncompliant after one year). - Variance (Noel Miller — pole barn/fuel tank setbacks): Continued one month (postponed to allow property/permit options). - Exception 2026-2 (Dan Harstine — accessory building addition): Approved. - Variance (pool house; represented by Mary Pat Odom): Approved 3–2 to permit an 11-foot setback from the west line (where larger setback ordinarily applies). - Variance (Marlin Slabaugh — second residence on one tract): Continued to April 14. - Seasonal park/campground blanket permitting: Approved with conditions (annual written report/site documentation and a permit/site-plan form). - Variance (Chapman Lake — AC unit placement): Denied (board cited self-created hardship and practical-difficulty concerns).

Meeting follow-up and contacts Planning staff will notify petitioners of conditions, collect required documentation, and make available example report/permit forms for the seasonal-park approval. Items continued at the meeting are scheduled for the April 14 hearing.

(Reporting based solely on the hearing transcript; vote tallies are included when recorded in the transcript.)