City Zoners Deny Apartment Complex Plan

July 28, 2016 at 4:25 p.m.

By TERESA SMITH, Times-Union Staff Writer-

Plans to build a 12-building apartment complex on CR 300N were denied by the Warsaw Board of Zoning Appeals Tuesday.

Board member Bruce Woodward said he didn't want to see an apartment complex in a commercial development, between a Kohl's and a Best Buy store.

City planner Jeremy Skinner said the multi-family residential plan was a permitted use for a C-3 zoned district. "It won't disturb any surrounding zoning. The comprehensive plan says it is for a mix of uses and it's not out of character."

Gary Krech of Wilson Investment said his company also built Pike Lake Pointe Apartments and the construction quality and rent structure would be comparable.

"We have 400 people on a waiting list," he said of the number of people wanting to live in such a development.

The zoners reviewed a development plan showing the configuration of 12 buildings with 92 units. The plans indicate there would be 32 one-bedroom, 40 two-bedroom, 16 three-bedroom and eight four-bedroom apartments. Called Heron Preserve Apartments, construction is planned on the southern end of Lot 3 west of the Kohl's development.

Saying the exception would substantially and permanently injure the appropriate use of neighboring property, Woodward said the plan is piecemealing the land.

"For over 15 years the city and the county have recognized this land will be for commercial use. An apartment complex devalues the ground and disrupts traffic," he said.

Board member Alan Clingan asked for a map showing where the complex would sit on the Nye-Brandt plat.

A request by J. Fergus Inc. for a 7-foot, 2-inch rear yard setback for a commercial structure at 1215 N. Detroit St. was approved. John Fergus appeared to discuss the variance from developmental standards. Regulations call for a 10-foot rear yard setback.

Fergus Inc. plans to construct an Advanced Auto Parts store on the currently vacant, C-2 zoned site. The building would be across from the Warsaw Foundry and east of Center Lake.

Board member Richard Keeven asked about the back of the building, which faces the lake. Fergus said the building will be of masonry construction and no storage or dumpsters are planned in the back. Grass will be planted on the site and the lake's edge, he said, is about 200 feet away.

The building will be 6,877 square feet in size and the parking lot will have 32 spaces. A landscape buffer is planned on the south side of the property.

After a lengthy introduction, variance requests from Marvin Burl and Nelda Love to allow a floral shop in an R-2 district at 1422 E. Center St., at the corner of Center and Sherman streets, were tabled by the board. Attorney Steve Snyder represented Burl and Love. The petitioners asked for three things: a 3.5-foot side yard setback for a walk-in cooler; one 7-foot high freestanding sign and two wall signs; and use of the property as a floral shop, to be called Love Bug Floral. Burl and Love operate several Love Bugs in Wabash County.

Plans call for the back yard to be paved, fencing to the west and south, a curb cut on Sherman Street, a handicapped access ramp and commercial signage. Snyder said landscape lights would point up on the building and a security light would be installed in the parking lot.

Interiors One Three occupied the building for about 25 years.

Board member Dan Hampton turned to the Center Street Corridor Standards, which indicate the area should remain "residential in nature." Although he thought a floral shop was a good use of the property, he was against covering the backyard with asphalt.

He said there is ample parking on the street. "No lot should have significant yard changes. The thought has to stay residential.'

"I can put in a screened hot tub," Woodward said. "that would be no different than screening the cooler. I disagree with denying the parking lot. Sherman Street can't handle the traffic and the delivery vans will be there all weekend.

Hampton said there were too many problems with the presentation and made a motion to table the requests. Clingan seconded the motion.

"The variance request we submitted was very detailed," Snyder said about the motion. "Your staff prepares the report. There were no problems indicated. Thirty days to wait for a real estate transaction is a long time."

Woodward voted nay during the table vote.

A request from Luke Becknell for variance of use and development standards regarding property at 715 and 721 E. Center St. also was tabled until January. The petitioner is asking that a beauty shop be constructed at 715 E. Center St., east of Tamarack Street. Today's Headlines will move into the new building. The building at 721 E. Center St., where Today's Headlines is currently housed, will become a professional office building.

Becknell is asking for a 17-foot front yard setback and a variance from development standards to eliminate parking lot landscape buffers at 715 E. Center St.

The request for 721 E. Center St. is to allow a professional office in an R-2 district and to allow one existing off premise free-standing sign.

Approvals and denials of requests are recommendations to the city council.

BZA members are: Alan Clingan, Dan Hampton, Richard Keeven, Tom Heuer and Bruce Woodward. Bill Rhoades is the city council's representative. [[In-content Ad]]

Plans to build a 12-building apartment complex on CR 300N were denied by the Warsaw Board of Zoning Appeals Tuesday.

Board member Bruce Woodward said he didn't want to see an apartment complex in a commercial development, between a Kohl's and a Best Buy store.

City planner Jeremy Skinner said the multi-family residential plan was a permitted use for a C-3 zoned district. "It won't disturb any surrounding zoning. The comprehensive plan says it is for a mix of uses and it's not out of character."

Gary Krech of Wilson Investment said his company also built Pike Lake Pointe Apartments and the construction quality and rent structure would be comparable.

"We have 400 people on a waiting list," he said of the number of people wanting to live in such a development.

The zoners reviewed a development plan showing the configuration of 12 buildings with 92 units. The plans indicate there would be 32 one-bedroom, 40 two-bedroom, 16 three-bedroom and eight four-bedroom apartments. Called Heron Preserve Apartments, construction is planned on the southern end of Lot 3 west of the Kohl's development.

Saying the exception would substantially and permanently injure the appropriate use of neighboring property, Woodward said the plan is piecemealing the land.

"For over 15 years the city and the county have recognized this land will be for commercial use. An apartment complex devalues the ground and disrupts traffic," he said.

Board member Alan Clingan asked for a map showing where the complex would sit on the Nye-Brandt plat.

A request by J. Fergus Inc. for a 7-foot, 2-inch rear yard setback for a commercial structure at 1215 N. Detroit St. was approved. John Fergus appeared to discuss the variance from developmental standards. Regulations call for a 10-foot rear yard setback.

Fergus Inc. plans to construct an Advanced Auto Parts store on the currently vacant, C-2 zoned site. The building would be across from the Warsaw Foundry and east of Center Lake.

Board member Richard Keeven asked about the back of the building, which faces the lake. Fergus said the building will be of masonry construction and no storage or dumpsters are planned in the back. Grass will be planted on the site and the lake's edge, he said, is about 200 feet away.

The building will be 6,877 square feet in size and the parking lot will have 32 spaces. A landscape buffer is planned on the south side of the property.

After a lengthy introduction, variance requests from Marvin Burl and Nelda Love to allow a floral shop in an R-2 district at 1422 E. Center St., at the corner of Center and Sherman streets, were tabled by the board. Attorney Steve Snyder represented Burl and Love. The petitioners asked for three things: a 3.5-foot side yard setback for a walk-in cooler; one 7-foot high freestanding sign and two wall signs; and use of the property as a floral shop, to be called Love Bug Floral. Burl and Love operate several Love Bugs in Wabash County.

Plans call for the back yard to be paved, fencing to the west and south, a curb cut on Sherman Street, a handicapped access ramp and commercial signage. Snyder said landscape lights would point up on the building and a security light would be installed in the parking lot.

Interiors One Three occupied the building for about 25 years.

Board member Dan Hampton turned to the Center Street Corridor Standards, which indicate the area should remain "residential in nature." Although he thought a floral shop was a good use of the property, he was against covering the backyard with asphalt.

He said there is ample parking on the street. "No lot should have significant yard changes. The thought has to stay residential.'

"I can put in a screened hot tub," Woodward said. "that would be no different than screening the cooler. I disagree with denying the parking lot. Sherman Street can't handle the traffic and the delivery vans will be there all weekend.

Hampton said there were too many problems with the presentation and made a motion to table the requests. Clingan seconded the motion.

"The variance request we submitted was very detailed," Snyder said about the motion. "Your staff prepares the report. There were no problems indicated. Thirty days to wait for a real estate transaction is a long time."

Woodward voted nay during the table vote.

A request from Luke Becknell for variance of use and development standards regarding property at 715 and 721 E. Center St. also was tabled until January. The petitioner is asking that a beauty shop be constructed at 715 E. Center St., east of Tamarack Street. Today's Headlines will move into the new building. The building at 721 E. Center St., where Today's Headlines is currently housed, will become a professional office building.

Becknell is asking for a 17-foot front yard setback and a variance from development standards to eliminate parking lot landscape buffers at 715 E. Center St.

The request for 721 E. Center St. is to allow a professional office in an R-2 district and to allow one existing off premise free-standing sign.

Approvals and denials of requests are recommendations to the city council.

BZA members are: Alan Clingan, Dan Hampton, Richard Keeven, Tom Heuer and Bruce Woodward. Bill Rhoades is the city council's representative. [[In-content Ad]]

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