The Mail-Journal, Volume 22, Number 9, Milford, Kosciusko County, 27 February 1985 — Page 1

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VOLUME 22

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RUNNERS-UP — The Wawasee Lady Warriors were disappointed after losing in the championship game of the 10th annual IHSAA Girls’ State Finals Saturday in Indianapolis, but the Lady Warriors did receive the State Runners-Up trophy for making it to the final game. The Lady Warriors advanced with a 56-54 victory over Austin in the

Alley vacation causes concern at Webster

By DEB PATTERSON Staff Writer A hearing on a vacation of an alley in Warner’s Lakefront Addition, North Webster, was tabled last Wednesday evening during North Board meeting. A decision is expected at the 7 p.m., March 6, board meeting. The request, made by Steve Snyder on behalf of Eugene Himelick, Champaign, 111., and North Webster, brought a stir from neighboring property owners who claimed the alley was their access to the lake. The alley requested to be vacated runs easy from Stanley Street to the lakefront, past lots three, four and five, owned by Himelick. The only other property adjacent to this section of alley is lot two, owned by Mr. and Mrs. Bernie Hubbard, Huntington. Snyder presented his client’s request along with a current survey, by Larry Long, and an ordinance granting an easement to the fire department. Snyder pointed out the alley is used only as an access to lots four and five and since these lots are owned by Himelick it is no longer used for its intended purpose, to provide access to these lots. (Note: This alley is the only means Himelick has to his property and gives the appearance of a driveway). Rex Reed, town attorney, and Snyder discussed the matter prior to the meeting and ironed out several questions on both sides. One of the matters was the easement to the fire department since this alley is used to receive the department’s main source of

'Slogans USA' theme for 1985 Flotilla

“Slogans USA” is the theme for the 1985 Flotilla Parade. The Wawasee Flotilla Committee decided on the theme during the meeting on Thursday, Feb. 21. The group was informed by., John Patrick Burns of the fact he had contacted the Air National Guard of Indiana and requested a flyover by one of their units during the parade. The current plan is for the 122nd Tactical Fighter * Wing, based in Fort Wayne, to provide a demonstration of tactical air support over the lakes area following the start of the Flotilla parade. The unit will be flying the latest version of the F-4 fighter during the demonstration. Ernie Rogers, chairman, announced that Bill Beemer has

Consolidation of THE MILFORD MAIL <Est. 18881 and THE SYRACUSE-WAWASEE JOURNAL (Est. 1907)

water supply in emergencies. Snyder commented Himelick would be maintaining the alley as a drive, if vacated, so it would be accessible for emergency purposes. Reed was not present at the meeting. Remonstrators John Peperak, Winchester, owner of lakefront property and a lot directly west of the alley, was the major remonstrator, Other remonstrators were the Hubbards and Alma Sankus, another property owner in the area who is not on the lakefront. Peperak and Mrs. Sankus both stated when they purchased their properties they had been told they had easement rights to the lake, allegedly through the alley. Peperak remarked he had legal counseling and was informed the Kosciusko County Commissioners had a say in the action and could override the town’s ruling. He further remarked he talked to a representative of the Department of Natural Resources and was informed they (the DNR) had the last say on anything concerning the lake, an alley vacation or easement to the lake, all property designated as lake property with easement to the lake and various other areas. Snyder interjected that the state law specifies the complete opposite of Peperak’s remarks concerning the DNR jurisdiction. Myron Clark, board president, also commented he did not believe the county could have any say in the town’s decision for an alley in that town limits. The DNR’s jurisdiction, according to Snyder, is only from the

made arrangement’s once again for a stunt pilot to perform aerobatics over the lakes prior to the start of the parade. Other subjects were discussed and the committee believes that % this year will far surpass previous years for this fourth of July celebration on Lake Wawasee. The committee stated it is not too early to be thinking about a float for the parade, which will be held on Lake Wawasee on Sunday, July 7. The next meeting of the Flotilla Committee will be Thursday, March 7, at the Shrimp Boat at 7:30 p.m. Anyone willing to serve and work on the committee can contact Rogers or the Chamber of Commerce or just attend the March 7 meeting.

WEDNESDAY, FEBRUARY 27,1985

I afternoon semi-final before bowing to Crown Point, 48-31. The Lady Warriors finished the 1984-85 season with a record of 1 23-2. Holding the trophy are Wawasee players Anita Swope, Karla Stichter, Sandy Payne and Sheila Kleinrichert. More in Sports. (Photo ! Ijy Chris Cauley)

shoreline lakeward. He added that even if a road goes down to the lakefront or runs along the water’s edge this does not give reparian rights to others not living on the lakefront. “It only gives reparian rights to those owning property adjoining the lake.” An apparent difference in abstracts was aired between Peperak and Snyder as well as why the recent survey showed extra footage on the lakeside of the alley than the original survey. There were approximately six remonstrators there, not all voicing their opinions. On several occasions outbursts of opinions were heard from neighboring residents concerning selfishness on the part of Himelick and of him wanting to have a wilderness on his property. Disapproves Steve White, fire chief, voiced his concern over the closing of the alley because of the possibility of vehicles setting in the alley or a fence erected, shutting off the department’s main source of water supply in fighting fires for the school nd half the businesses.

North

By DEB PATTERSON Staff Writer North Webster will be joining Kosciusko Development, Inc. This decision was made during a rescheduled meeting last Wednesday, Feb. 20. The board Received a check for one-half of the membership fee from the Tippecanoe TownshipNorth Webster Chamber of Commerce along with a letter urging the town to join. The membership fee for each town is $1 per resident, and North Webster would need to pay a total of $709. Steve Beavers was reappointed and sworn in as the town’s representative on the North Webster Economic Development Commission. Following his appointment he was asked to appoint four people to serve on KDI committees stemming from are? quest from the KDI. During other formalities, Dixie Pryor took her oath of office as a reappointed member to the town park board. Parking Issue A denial for restricted parking time in front of Sue’s Creation, Washington Street, was handed down by the three board members. Myron Clark, board president, was in favor of trying the limited paricing, however,

Snyder commented the easement rights guaranteed the alley would be kept opened and that if a fence was erected, the fire department could drive through it. White remarked he is not in favor of the vacation, despite the easement granting them rights for the use. Clark commented the board members would be Studying all information presented to them and consider all opinions voiced that evening. The board members will also be looking at a survey apparently made by Chuck Bowers, county surveyor, in that area. Clark said he did not doubt the legal items brought up by Snyder and respected his legal judgment. Peperak was given the opportunity to receive a statement from the DNR on what he was told, however it was pointed out an attorney’s word would weigh more than a department official or employee. It is expected more remarks will be heard at next Wednesday’s meeting before a final decision is reached.

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Robert James and"Strf Markley voted against it. During the discussion, which included the town marshal and Harry Minnick of the street department, it was determined there would be a problem enforcing the 10 minute parking due to lack of manpower. Steve and Sue Ward, owner of the business, had asked the board to consider the request during the January meeting. Guard Report Richard Long, elementary principal, presented what has been done by members of a committee under the Lakeland School Corporation Board to eliminate some problems at the school crossing. A lighted stop sign for the guard to carry has been received and is in use. School officials have seen that the curbs at the crossing were cleared of snow, however, no word on the flashing warning lights from the state has been received. Long requested the board consider limited parking on the west side of SR 13, at the school, during school hours and of having an extra street light erected on an existing pole; also on the west side of SR 13, between two lighted poles.

The board agreed on both matters and will check into the costs

Milford medical building expansion okayed by BZA

By MORRINE HALF ACRE Staff Writer A special exception petition and a variance for the expansion of the Milford Family Physicians Medical building on Main Street, Milford, were both approved 5-0' by the Kosciusko County Board of Zoning Appeals during the Monday morning, Feb. 25, meeting. Attorney Lee Heyde, representing the petitioner Dr. William Percy who is currently in Canada, sought the approval of a variance that would permit the construction of a medical building addition four feet off of the Main Street right-of-way and three feet off of the Emeline Street right-of-way. Because the area is zoned residential, an exception was also necessary for expansion of the commercial concern. Heyde informed the board that pending the approval of the petition the property would be sold by Dr. Percy to Dr. S. Douglas Strycker and Dr. John Dick, who are currently practicing in Milford. He stated that the proposed expan-, sion was necessary due to the fact the practice was originally intended for one physician. Two other petitions were denied by the board during the meeting including a variance by Mason to construct a single family residence on a lot in Turkey Creek Township and a petition for an exception for the purpose of a landfill to be used by Dalton Foundries, Inc. No Hardship Found The Blanche Mason petition for variance had been tabled during the board’s last meeting in order to give board members an opportunity to inspect the lot located on the east side of Martin Drive and 40 feet north of Cassandra, on Venetian Island, Lake Wawasee. The lot measuring 11,017 square feet, fell short of the 15,000 square feet required for a residence. Kosciusko County Health Department’s Chief Sanitarian Jon Cupp would issue a septic permit for the residence if four feet of fill were added. Barbara Todd of Todd Realty, representing the petitioner, informed the board that the residence would not be built for another year and that her client would have the fill on the lot before construction. Board member Jerry Grady asked Todd if Mason had attempted to purchase additional land to bring the lot up to size. She affirmed she had and that there was no land available.

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of adding the street light and on erecting the no parking signs. Board members set the no parking time from 7 a.m. to 4 p.m. during school hours only. This will eliminate the guard having to

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FLOODS HIT AREA - Flooded roads, fields, basements and some buildings were in the picture last weekend and early this week as warm temperatures and rains hit the Lakeland area, causing the mounds of snow from the recent blizzard to melt. CR 200W, pictured here, is only one example of surface water staying on the road, causing problems for drivers. High water signs were

Attorney Steve Snyder was present to remonstrate for his client, Wayne Garber. “Obviously, Jon Cupp has spent some time examing the lot,” said Snyder, explaining the problem began when the original plat in the Old Turkey Creek Ordiance, was divided into small parcels. These parcels were sold off individually but were never officially recorded with the Kosciusko County Recorder. Residents of Venetian Island have had to purchase additional lots in order to build. “Everyone else has went with a lot and-a-half or two lots,” stated Snyder adding, “Now we’re backing down. It’s one or the other — either you are going to consider building on undersize lots or not.” Terri Caldwell from Beer Realtors spoke on behalf of the future property owners stating, “I’d just like to say these are good people from Chicago who want to build a home.” Mrs. Caldwell referred to a petition that had been submitted to the board at an earlier date by residents opposed to the construction on the lot. She pointed out that only two or three of those who had signed the petition were neighbors. Snyder replied,“People in the area have the right to decide they don’t want development on undersized lots.” Jay Boyer, board chairman, expressed his concerns as to the lot and the four feet of fill needed. Robert Hartzell made the motion to deny the variance stating, “I really see no hardship out there, if there was, it was created by the petitioner.” The board then voted 5-0 against the variance. New Pier Shop Kerry Rookstool petitioned for an exception in the zoning of his proposed installation of a pier shop on the property located on the east side of 325E and 300 feet north of Armstrong Road, in Plain Township. The land is currently zoned agricultural. Rookstool announced his intention of constructing a building and installing 10-12 boat lifts on the lot pending the board’s approval. All outside storage is to be done on the back of the lot and out-of-view from most of the roadway. The petition was approved 5-0. Richard and Joan Delagrange’s petition for the construction of a residence and garage on a bluff overlooking Lake Dewart in Van Buren Township met with the board’s approval. Also approved was Marion Wiggins’ petition for an exception

join KDI

stand and walk between parked vehicles. Other Business Paul L. Roderick, Noblesville, (Continued on page 2)

for the purpose of the change of a non-conforming use in a commercial district. Wiggins intends to change the former door manufacturing concern into a boating equipment operation. The property is located on the west side of SR 13 and 150 feet north of 1200 N in Syracuse. Plank’s Marina No remonstrators were present when John Plank’s petition to construct a 80’xl00’ building for boat storage and showroom in a residential district was passed. The property is located on the north side of a 40 foot road, west of Forest Drive, r 2 Syracuse. The business has operated 50 years with Plank as owneroperator for the past eight years. The new building will allow for expansion in service. Jerry Daniels also got an okay from the BZA in regards to the construction of a 45’x90’ warehouse on his property located in Marineland Gardens, Syracuse. Daniels is a school fund raiser and the warehouse will be used for the storage of products used in his business. Dalton Denied Landfill Tom Groninger and Bob Rawlings of Dalton Foundries, Inc., were present for the continuance of a petition for exception by the foundry for a landfill zoned in a agricultural district. The property is located on the east side of 150 W and 1150 feet south of US 30 in Plain Township. . Rawlings presented four samples of the fill from the foundry including: slag, cores, waste sand and dust collector’s find. He also presented the lab analysis on each stating that the fill was virtually inert, posing no threat to the area’s environment. There would be 180 tons of fill generated in one day according to the representative. The landfill would have had to be approved by the State Board of Health. Dan Richards of the Area Plan office had spoken to the state in regards to the matter. The office was informed that if the site would be approved it would be underdb “relazed standard” as the current standards for conventional fill are too rigid. Conventional fill would include standards for sanitation fills. Dalton’s representatives assured the board they would make periodic tests of the water quality. The board then called on Steve Boeder, district conservationist from the Kosciusko County Soil and Water Conservation, to identify the types of soil at'the site. Boeder described the area as an out-wash area and that the type of soils varied with most of the soil being of a sandy consistency. Because of the sand and gravel content, the leech would be considerably high. It was pointed out that the area, located near the Tippecanoe River, fell within the 100-year flood area of the river. After several minutes of discussion, the board then voted 3-2 in opposition of the petition, with George Hoppus and Bob Sittier in favor of the

put up on many roads throughout the county this week. While there were problems in this area, the Elkhart River caused flooding in the Goshen area and both Fort Wayne and South Bend suffered considerable flooding with sandbag volunteers being called out in those communities to help hold back the rising waters. (Photo by Rich Rhodes)

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proposal. Board members Boyer, Hartzell and Grady voted against the petition. Other Business • The continuance case by First National Bank concerning property west of Fox Farm Road in Warsaw was dropped by the petitioner due to the fact the bank lost its buyer for the property. • The board discussed the proposed 1985 ordinance amendments enacted by the Kosciusko County Board of Commissioners. The Area Plan Commission will hold a public hearing on the amendments on March 6,1 p.m. in the basement meeting ropm of the Kosciusko County Justice Building in Warsaw.

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MARK OGLESBAY Oglesbay assistant at KCH Mark Oglesbay, 29, of Albion, Mich., has been named assistant administrator at Kosciusko Community Hospital, Warsaw. According to L. Milton Holmgrain, administrator, his appointment was (Continued on page 2) MAIL-JOURNAL INCREASE EFFECTIVE ON MARCH 6 The subscription price of The Mail-Journal will remain at sls per year for in-county subscribers and will increase to s2l for out-of-county subscribers, effective March 6. The counter sale price will remain 30 cents per copy. Subscribers will have until March 6 to renew their subscriptions at the current rate. Persons over the age of 65 will continue to receive their 10 per cent discount on subscriptions. This increase is due to the recent postal increase, according to Arch Baumgartner, board chairman of The Papers Incorporated.