The Kosciusko County Area Plan Commission intends to take the next step of action against developer Terry Shepherd for not having roads completed in the Candlewood subdivision at Packerton Road and CR 375 South.

During the board’s regular meeting Wednesday, Matt Sandy, assistant planning director for the county, said a certified letter will be sent to Shepherd informing him if the problem is not addressed by a Sept. 5 deadline set previously, legal action will be pursued. A $36,000 bond is on file for the roadwork that will expire Jan. 14, 2014.

Several complaints have been received about the roads from those living in the subdivision. One washed out road was temporarily fixed, but the fix did not last long.
Sandy also informed the APC part of the Oakland Hills subdivision on CR 500 North, west of SR 13 and south of North Webster, was sold at an auction recently. Only two homes have been built in the subdivision, originally platted in 2005.

There is a temporary cul-de-sac in the subdivision, but Sandy noted if the cul-de-sac is removed, the county highway department won’t be able to properly maintain the road. The original property owner bought back part of the subdivision, but the rest of it was purchased by multiple owners.

The APC voted to contact the owners and no new building permits will be issued until the cul-de-sac issue is resolved.

In other business, Kenneth Mullet bought property in Jefferson Township near Nappanee in June and wants to build a house for himself and his son. But in order to do so a current lot on the property on CR 1350 North, just east of CR 700 West, would need to be subdivided.

Mullet petitioned the Kosciusko County Area Planning Commission for preliminary plat approval to subdivide lot number two of the Cunningham subdivision into 7.12 and 10.99 acre tracts of ground. His petition was considered by the APC during its regular monthly meeting Aug. 7 in the county courthouse, Warsaw.

Approval was given by the APC, but not without discussion first. Dan Richard, area planning director, noted the technical review committee saw a restriction in the original plat of July 1995 the second lot would not be subdivided into smaller lots. But surveyor Blake Doriot who was representing Mullet, said Shirley Cunningham, widow of the property owner who lives on the other lot, is willing to release the restriction and signed a document to verify it.

Mullet, an Amish man, said he owns a machine shop on U.S. 6 near Nappanee and moved into a different district because his previous bishop would not allow him to operate the business. Noting Mullet’s circumstances, Chuck Haffner of the APC made a motion to approve the petition. There was some discussion among APC members, though, about being cautious not to set a precedent to continually subdivide lots on property zoned agricultural II.

Also on the agenda, a road vacation petition from Jerri Flowers and Phyllis Custer was dropped. They had previously requested a roadway be vacated in the old Wray homestead subdivision at Hoffman Lake in Prairie Township, just off US 30. But the petition was dropped after at least one of the nearby property owners said they wanted the access kept open.

APC meetings are held at 1 p.m. the first Wednesday of each month in the old courtroom of the county courthouse in Warsaw. Meetings are open to the public.