Exception for lounge, billiard hall approved

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

By DAVID SLONE, Times-Union Staff Writer-

Jerry Ferguson plans to open a restaurant lounge and billiard hall in Warsaw.

But first, he needed to petition the Kosciusko County Board of Zoning Appeals Tuesday for an exception to allow the business in an existing building in an Industrial 2 district. The property is on the south side of Bell Drive and zero feet west of Biomet Drive in Plain Township.

According to Dan Richard, Kosciusko County Area Plan Commission director, the lounge and billiard hall will be upscale and similar to Ferguson's businesses in Indianapolis and Fort Wayne.

The zoning board unanimously approved the exception petition.

Michael DeWitt's Car Co. is adding a Suzuki car franchise. Last week, the Kosciusko County Area Plan Commission approved to recommend to the county commissioners that the property be rezoned to industrial 2. The commissioners will hear the rezoning May 11.

Tuesday, the Zoning Board approved DeWitt's petition for an exception by allowing new sales areas and by altering the non-conforming tract in a residential district.

The property is on the north side of U.S. 30 in Wayne Township.

Zoning board member Walter Church questioned if they could take action on the petition before the commissioners vote on rezoning the property.

Local attorney Steve Snyder, representing DeWitt, told the zoning board, "I chose to rezone this to I-2 instead of commercial because I don't think you want commercial in there." He said the zoning board can hear the petition before the commissioners approve the rezoning because it is an expansion of an exception for a non-conforming use.

"I think it's an appropriate use adjacent to Safe Way-Door," Snyder said.

The easement is gone and nothing will separate the new property where the Suzuki car franchise will be from the old Car Co. property.

The property, Snyder said, will be an "extremely nice-looking dealership" with no cuts onto U.S. 30.

David Antu has property on the north side of CR 900N and zero feet west of Ind. 15 in Van Buren Township. He petitioned the BZA for an exception for a home-based business in an agricultural district. The board approved the business, but put a few conditions on the approval.

First, Antu wanted the business to have access off Ind. 15 so it would be separate from his residential access on CR 900N. The zoning board told him he could not have access to Ind. 15 and had to put a solid fence along his property and Ind. 15.

Secondly, Antu must place "no parking" signs along Ind. 15.

Third, the approval was granted for a six-month probationary period.

In other business, the zoning board:

• Approved James Olender's petition for a variance to permit allowing a residence to remain as constructed 20 feet from the south right of way, 28 feet from the west right of way, three feet from the northwest property line, 24 feet from the water's edge and eight feet from the east property line.

However, they did propose a $300 settlement with Olender for attorney fees because, according to Richard, the plan commission's attorney had to send Olender a letter to get him to petition for the variance. Olender could reject the settlement offer, but then the plan commission could take the matter up in court.

The owner of the property before Olender created the violations when the home was built.

The property is on the north side of Debra Drive and zero feet east of Venetian Drive in Turkey Creek Township.

• Approved George Young's petition for an exception for the change and alteration of a non-conforming use by allowing existing mobile homes to be replaced in an agricultural district. The property is on the west side of CR 350E and 1,370 feet north of CR 400S in Wayne Township.

• Approved Christopher Knight's petition for a variance to permit the construction of a residence 21 feet from the water's edge. The property is on the northwest side of Forest Glen Avenue and 1,300 feet northeast of Teeple Avenue in Plain Township. [[In-content Ad]]

Jerry Ferguson plans to open a restaurant lounge and billiard hall in Warsaw.

But first, he needed to petition the Kosciusko County Board of Zoning Appeals Tuesday for an exception to allow the business in an existing building in an Industrial 2 district. The property is on the south side of Bell Drive and zero feet west of Biomet Drive in Plain Township.

According to Dan Richard, Kosciusko County Area Plan Commission director, the lounge and billiard hall will be upscale and similar to Ferguson's businesses in Indianapolis and Fort Wayne.

The zoning board unanimously approved the exception petition.

Michael DeWitt's Car Co. is adding a Suzuki car franchise. Last week, the Kosciusko County Area Plan Commission approved to recommend to the county commissioners that the property be rezoned to industrial 2. The commissioners will hear the rezoning May 11.

Tuesday, the Zoning Board approved DeWitt's petition for an exception by allowing new sales areas and by altering the non-conforming tract in a residential district.

The property is on the north side of U.S. 30 in Wayne Township.

Zoning board member Walter Church questioned if they could take action on the petition before the commissioners vote on rezoning the property.

Local attorney Steve Snyder, representing DeWitt, told the zoning board, "I chose to rezone this to I-2 instead of commercial because I don't think you want commercial in there." He said the zoning board can hear the petition before the commissioners approve the rezoning because it is an expansion of an exception for a non-conforming use.

"I think it's an appropriate use adjacent to Safe Way-Door," Snyder said.

The easement is gone and nothing will separate the new property where the Suzuki car franchise will be from the old Car Co. property.

The property, Snyder said, will be an "extremely nice-looking dealership" with no cuts onto U.S. 30.

David Antu has property on the north side of CR 900N and zero feet west of Ind. 15 in Van Buren Township. He petitioned the BZA for an exception for a home-based business in an agricultural district. The board approved the business, but put a few conditions on the approval.

First, Antu wanted the business to have access off Ind. 15 so it would be separate from his residential access on CR 900N. The zoning board told him he could not have access to Ind. 15 and had to put a solid fence along his property and Ind. 15.

Secondly, Antu must place "no parking" signs along Ind. 15.

Third, the approval was granted for a six-month probationary period.

In other business, the zoning board:

• Approved James Olender's petition for a variance to permit allowing a residence to remain as constructed 20 feet from the south right of way, 28 feet from the west right of way, three feet from the northwest property line, 24 feet from the water's edge and eight feet from the east property line.

However, they did propose a $300 settlement with Olender for attorney fees because, according to Richard, the plan commission's attorney had to send Olender a letter to get him to petition for the variance. Olender could reject the settlement offer, but then the plan commission could take the matter up in court.

The owner of the property before Olender created the violations when the home was built.

The property is on the north side of Debra Drive and zero feet east of Venetian Drive in Turkey Creek Township.

• Approved George Young's petition for an exception for the change and alteration of a non-conforming use by allowing existing mobile homes to be replaced in an agricultural district. The property is on the west side of CR 350E and 1,370 feet north of CR 400S in Wayne Township.

• Approved Christopher Knight's petition for a variance to permit the construction of a residence 21 feet from the water's edge. The property is on the northwest side of Forest Glen Avenue and 1,300 feet northeast of Teeple Avenue in Plain Township. [[In-content Ad]]

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