Contractor apologizes as solar arrays installed short of setback; neighbors okay, board told
April 13, 2026 | Kosciusko County, Indiana
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Advanced Solar’s representative told the Kosciusko County Board of Zoning Appeals that a miscommunication in his office left solar panels closer to property lines than the county ordinance requires, but that nearby property owners had signed approvals.
John Mormon, a salesperson and designer speaking for Advanced Solar, said the company originally planned the array to be about 17 feet off the north and east lines but later learned the permit needed 20 feet. “It was a lack of communication in our offices,” Mormon said, describing how the install ended up at roughly 18.5 feet from the lines.
Mormon told the board that the lower rack of panels meets the 20-foot line because the property angles inward; the panels closest to the line are the result of flagging laid out before the final permit instructions were communicated. He said the installer and the homeowner, Kurt Carlson, had obtained signed neighbor acknowledgments and that moving the panels now would require removing racking, pulling posts and re-permitting.
The board’s hearing officer noted the neighbor waivers and said that a signed acknowledgment typically factors into the board’s practical-difficulty analysis. The hearing officer also reminded the applicant that a new permit will be required for any relocated arrays.
Why it matters: setback rules are intended to protect sightlines, property boundaries and maintenance access; when installations deviate, boards must weigh the neighbor impacts, the applicant’s efforts to remedy the error and practical difficulty of relocation.
What happened next: the hearing record shows neighbors documented their approval and the applicant agreed to obtain any new permits required by county staff. The hearing officer indicated the board would accept the petition as presented for consideration; any formal conditions or final action will be recorded in the office’s results sheet.
Provenance: topicintro SEG 586; topfinish SEG 723.
Quotes used in this article are taken from the hearing transcript and attributed to speakers recorded there.
John Mormon, a salesperson and designer speaking for Advanced Solar, said the company originally planned the array to be about 17 feet off the north and east lines but later learned the permit needed 20 feet. “It was a lack of communication in our offices,” Mormon said, describing how the install ended up at roughly 18.5 feet from the lines.
Mormon told the board that the lower rack of panels meets the 20-foot line because the property angles inward; the panels closest to the line are the result of flagging laid out before the final permit instructions were communicated. He said the installer and the homeowner, Kurt Carlson, had obtained signed neighbor acknowledgments and that moving the panels now would require removing racking, pulling posts and re-permitting.
The board’s hearing officer noted the neighbor waivers and said that a signed acknowledgment typically factors into the board’s practical-difficulty analysis. The hearing officer also reminded the applicant that a new permit will be required for any relocated arrays.
Why it matters: setback rules are intended to protect sightlines, property boundaries and maintenance access; when installations deviate, boards must weigh the neighbor impacts, the applicant’s efforts to remedy the error and practical difficulty of relocation.
What happened next: the hearing record shows neighbors documented their approval and the applicant agreed to obtain any new permits required by county staff. The hearing officer indicated the board would accept the petition as presented for consideration; any formal conditions or final action will be recorded in the office’s results sheet.
Provenance: topicintro SEG 586; topfinish SEG 723.
Quotes used in this article are taken from the hearing transcript and attributed to speakers recorded there.
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