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Controversial rezoning request is withdrawn by petitioner

Updated: Tuesday, 16 Oct 2012, 6:40 AM EDT
Published : Monday, 15 Oct 2012, 5:32 PM EDT

TIPPECANOE COUNTY, Ind. (WLFI) - Hawthorne Ridge residents packed the Tippecanoe Room for the Tippecanoe County Commissioners Meeting Monday.

However, minutes after the meeting started, they were gone. They reconvened in the lobby, and congratulated each other on what they consider a victory.

The petitioner, Scheumann Properties, withdrew a rezoning request the residents have been fighting against. The request asked for 75 acres on the east side of County Farm Road, between Kalberer Road and County Road 500 North, be rezoned from R1 to R2 for a 178-unit duplex rental property.

"We really hadn't anticipated the petition to rezone would be withdrawn," Hawthorne Ridge Neighborhood Association President Tom Fackelman said. "We did feel like we had the support of most of the commissioners. It is not a surprise it was defeated, but we didn't expect it would be withdrawn."

"The project is essentially dead at this point," Tippecanoe County Commissioner Tom Murtaugh said.

Dan Teder, an attorney representing Scheumann Properties, told News 18 he received a call from Area Planning Committee Attorney Jay Seeger last week. In the call Seeger said the plan to have all the units built on one lot went against the Subdivision Ordinance. Teder said this spurred the decision to withdraw the request.

"I think they recognized it was a controversial rezone," Murtaugh said. "I think they decided to go back to the drawing board to see what kind of proposal they want to go with."

Scheumann Properties can develop the land right away with its current R1 zoning, or they can present another rezoning request. Neighbors said they're uncertain what Scheumann Properties will do.

"We never know what is going to happen," Fackelman said. "I think there is a concern about how it may be developed. The developer owns the property, so he can develop it as R1, as it's zoned. Or he can step back and have another strategy. I'm not sure how he will react to this."

Teder said it's not known what the petitioner will do in the future. Neighbors maintain their opinion the R2 zoning does not fit the traditionally single-family home area.

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