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Board approves multiple residential variances, conditions deck encroachment and records findings
Summary
At its June session the BZA approved several residential variances (sheds, deck additions, a shed replacement and a home‑based business with screening), conditionally approved a deck encroachment pending an encroachment agreement or stair modification within 60 days, approved an LP tank location with one dissent, and continued the Pearl Cove mobile‑home‑park matter for further inspection.
The Kosciusko County Board of Zoning Appeals handled a slate of residential variances and exceptions, approving most with conditions and continuing one complex park matter for staff review.
Approved items included: - A shed variance for John and Lisa Rubenacker to place a 10×20 shed 20 feet from the right‑of‑way (speaker 14). - A variance for Matthew Ferguson allowing a second‑story addition 5.3 feet from the north right‑of‑way and 5 feet from a side property line, contingent on a letter of consent from the west neighbor and meeting the 25‑foot front setback for the deck (applicant speaker 16). - A replacement shed (Steven Tripp, speaker 11) to occupy the existing footprint (applicant must secure permits before placement). - An exception for a home‑based construction business (Arlen Hotteller, speaker 11) in an AG district approved with conditions requiring screening and a site‑plan note indicating 3–5 foot trees or equivalent screening be installed.
Deck encroachment and encroachment agreement Counsel Steve Schneider (speaker 5) presented a deck encroachment case in which a second‑story deck sits 3 feet from a property line and stairs encroach about 1.3 feet. The adjacent owner, represented by Beth Ganzhorn (speaker 19), said past buyers walked away from offers because of encroachments and voiced concern about recording an encroachment on the deed. The board approved the deck to remain and set a 60‑day timeline after new‑owner occupancy for an encroachment agreement to be signed; if an agreement is not obtained within 60 days the stairs must be cut back to eliminate the encroachment.
Propane tank and other actions The board approved a variance to allow an LP tank to remain near the house after the applicant said natural gas was not available on that road; the motion carried with one recorded nay. The board also adopted findings for the Treehouse variance (Variance 202647) as previously directed and adjourned.
Pearl Cove continued The board continued Pearl Cove (a seasonal mobile‑home park) for 30 days to allow staff to inspect unit classifications, confirm prior approvals and evaluate the effect of two newer structures that may be permanent rather than mobile. Staff will perform a site visit and return findings and recommendations to the board.
