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Board approves second residence for Slabaugh with deed covenants and permit conditions
Summary
The Kosciusko County Board of Zoning Appeals approved a variance allowing a second residence for Marlon Slabaugh conditioned on recorded deed covenants restricting occupancy and the installation of a separate well and septic; one board member voiced opposition.
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The Kosciusko County Board of Zoning Appeals on a contested motion approved Variance 202635, allowing a second residence on property owned by Marlon Slabaugh subject to recorded covenants and required utilities.
Plan director Matt Sandy presented the case and explained the matter had been continued previously. Attorney Steve Schneider, speaking for the petitioner, offered proposed deed covenants that would limit occupancy of either residence to the grantees’ family and their guests unless the board approved otherwise, and would bar separate sale of either unit unless the property were rezoned to an A2 district and platted. Schneider said the covenants were designed to keep the second dwelling “family only” while preserving formal rezoning as the path to any future separate sale.
Board members discussed practical concerns, including well and septic arrangements. The chair (speaker 1) moved to approve the petition as presented conditioned on a separate well and septic for the second residence; the motion was seconded and carried. The record shows at least one member expressed opposition during the voice vote.
The board noted the plan commission should define appropriate size limits for future second-residence requests and that required paperwork would be completed after the hearing. The board also flagged that if the owners later pursue a sale of one unit they would need to follow rezoning and platting procedures.
Next steps: the applicant must record the covenants and obtain separate well and septic approvals and any required permits before occupying the second residence.

