55385 Cr 35 Case Study

886 Words4 Pages
Petition for rejection of variance request for 55385 CR 35, Middlebury, IN 46540

This petition is being filed on 03-07-2017 due to the following:

1). The variance alters the essential character of the neighborhood by changing the property structure into a subdivision of several homes that would be in close proximity to one another. The record of declaration of reservations and restrictive covenants that were recorded as instrument record 98/015850 with Elkhart county in 1998 applies to all said property on SEC: 5 TWP 37N RNG: 7-E GOVTLOT: NE. All the property owned and affected by this are Jeffery and Tamela Osborn (3 acres), Jeffrey and Michelle Howe (19 acres), and Don and Tanya Paulus (18 acres). Please refer to page 2, #1 on the declarations
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The Howes at 55385 CR 35 stressed the importance of buying up any property to prevent others from building around us. Now that the Howes are selling, their is no respect for the the declarations of restrictions or the respect of the neighboring properties. Jeffery and Tamela Osborn at 55401 CR 35, Middlebury, IN have tried to purchase the said property parcel D - 3acres on the north of our property for several years and most recent before the Howes listed their home and a portion of their property for sale so we could maintain and mow parcel D. The Howes at 55385 CR 35 requesting the variance never accepted our request to purchase or even told us what they wanted for the property. Therefore, never giving us a chance. We, the Osborn 's would have also purchased the parcel C if given a…show more content…
There is no economic burden on the applicant sufficient to justify the variance. The applicant asking for the variance has their home at 55385 CR 35, Middlebury, IN for sale with Century 21. So, they are planning to sell their home. There is no reason to subdivide this property! If the adjacent neighbors are willing to purchase the extra property they wish to sale then why not sell to those neighbors to keep the neighborhood as country living instead of a subdivision? This makes no sense at all. Plus, why would they want to subdivide the lots and decrease the property value of their $1,075,000 home and property and the property value of the adjacent home and property of
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