Kosciusko County Commissioners finally ruled on the partial vacation of an easement at Brower Estates on Kuhn Lake.
The easement is a 20-foot-wide, 50-foot-long road that provides drainage and lake access to the residents in the neighborhood. Property owners Allen and Lisa Clough, who currently own the property and maintain the path, requested the vacation of 10 feet of the width of the road to allow for a setback on a home expansion project. (see related)
The commissioners have heard much discussion on the request. Kosciusko County Area Planning Commission recommended a denial of the request at a Nov. 5 meeting. At the commissioner’s Nov. 18, Pat Meck, who owns two lots in the neighborhood, stated that he and other other residents would like access to the lake and possibly a pier. The commissioners tabled the request at that meeting so that Meck could check with Indiana Department of Natural Resources to find out if building a pier on the easement would even be a possibility.
A 2004 judge’s order set the precedent that a pier requires 10 feet of clearance on either side, making construction of a pier on the easement highly unlikely. Steve Snyder, the Clough’s attorney, stated that a pier in that location would be impossible, and should the vacation be granted, Brower Estate residents could still access the lake with the remaining 10 feet, and canoes, kayaks, snowmobiles and small watercraft would still be able to access the lake as well.
“In eight years, one person walked down there,” said Lisa Clough. “It was never our understanding that a car could’ve gotten in there anyway.”
“I think it’s clear this is a walking easement,” said commissioner Ron Truex. “Unless you had a very good Saturday night, most people have no problem walking within 10 feet.”
Commissioner Bob Conley also commented on the fact that the dissenting residents were not present at the meeting to voice their opinion on the vacation. Ultimately, Conley would motion to approve the request. The commissioners approved the vacation with the caveat that the Cloughs pay to move the drainage system to the middle of the path.
In other news, the commissioners approved the use of two grants to purchase a new truck for Kosciusko Emergency Management. The Community Corrections budget was approved, and a solid waste agreement was approved.
Additionally, Duane Gable was honored as the veteran of the month.