Request To Establish Church Granted By Warsaw BZA

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

By TERESA SMITH, Times-Union Staff Writer-

Alfred Sanchez's request to establish a church at 720 McClellan St., a commerical district, was approved by the Warsaw Board of Zoning Appeals Monday.

Sanchez, minister of Inglesia Betesda Church, said through an interpreter, his son Alfred Sanchez Jr., that the church has 25 members and would meet Sundays and Thursdays.

One of the board's considerations is the number of parking spaces available for any facility. With a ratio of one space per four parishioners, the property has plenty of parking slots. There are 10 spaces available in front of the former Wonder store and another 10 available on the north side.

These are to be clearly marked as part of the exception.

The building, approximately 22,000 square feet, is surrounded by a variety of zoning: commercial to the north and south, residential to the east and industrial to the west.

Adjoining property owner Alma Morrison remonstrated against the request, saying when the Wonder Store was open, people parked in her yard and driveway.

BZA member Alan Clingan said he understood Morrison's complaint. However, a "quick mart" not offering fuel could be established in the building, owned by the Dora Ann Nay Living Trust, without coming before the board because such a business is allowable in a commercial zone. That scenario would mean a lot more traffic.

This was the second request by Inglesia Betesda Church for a meeting place.

In April, Sanchez's request to establish the church in an industrial zone was denied.

Russel Brown Sr. appeared before the board to apologize for not meeting all the conditions of a variance granted earlier this year. He wanted to inform the members he probably couldn't comply with restrictions to a use variance established in June.

Brown leases the former Union Tool building at 936 N. Detroit St. and lives in an apartment there. He operates lawn care and used car sales businesses from the building too.

The property was zoned industrial and Brown's use was contingent upon installation of a hard surface on the ground, outdoor storage screened from public view and a landscaped buffering strip installed along the west side of the property by Nov. 1.

In August, property owner Michael Simpson appeared before the plan commission requesting a change in zoning from industrial to commercial, which was approved.

Brown said he will be unable to comply with the restrictions because Simpson has indicated he will not share in the costs of asphalt.

In fact, Brown said, although his lease expires March 1, Simpson will let him know at the end of the motth how many more days he may occupy the building.

"He plans to tear down 'my' building and the computer building (on an adjacent lot to the north) and put in a strip mall," Brown said, indicating Simpson. "I can't afford to asphalt the lot by myself and move out in 30 days."

Board members agreed with this assessment of the Brown-Simpson situation, with Clingan saying if he used his imagination, he could see the same buildings occupying the property March 1, and not a strip mall.

In other business, the board:

• Granted a request by John Corl, who owns a house on Country Club Drive, for a 5.25-foot north side yard setback, which is less than 20 percent of the lot width requirements.

Corl plans to add an addition to his house.

• Denied a request by Peggy Myers, 942 E. Garfield, to build a 30- by 40-foot accessory structure for storage.

The board found the three-car garage not in keeping with the neighborhood and the request was twice the allowable size for an accessory building.

• Tabled a request by James and Kimberly Zellers to establish an outdoor storage building in an industrial district, at 740 Brown St.

Zellers was advised to return next month with a more comprehensive plan for the property. On several issues he said he wasn't sure what he would do short of providing fenced-in outdoor storage stalls.

The land is designated as being in a flood plain and is marked for conservation in the city master plan.

Paula Whitesell, a neighbor to the property, expressed her concern about lights at night, the effect on wildlife already established there and water drainage when a hard surface is installed.

Outdoor storage is not allowed in any industrial district and all other industrial operations must be in an enclosed space.

Assistant city planner Teresa Ho was thanked for her work with Blosser's Camera and Video, 1002 E. Center St., which has recently come into compliance with the BZA by installing a fence to screen the parking lot. The fence request was made two years ago.

Board of zoning appeals members are Bruce Woodward, Dan Hampton, Tom Heuer, Richard Keeven and Alan Clingan. Trish Brown is the non-voting city council representative. [[In-content Ad]]

Alfred Sanchez's request to establish a church at 720 McClellan St., a commerical district, was approved by the Warsaw Board of Zoning Appeals Monday.

Sanchez, minister of Inglesia Betesda Church, said through an interpreter, his son Alfred Sanchez Jr., that the church has 25 members and would meet Sundays and Thursdays.

One of the board's considerations is the number of parking spaces available for any facility. With a ratio of one space per four parishioners, the property has plenty of parking slots. There are 10 spaces available in front of the former Wonder store and another 10 available on the north side.

These are to be clearly marked as part of the exception.

The building, approximately 22,000 square feet, is surrounded by a variety of zoning: commercial to the north and south, residential to the east and industrial to the west.

Adjoining property owner Alma Morrison remonstrated against the request, saying when the Wonder Store was open, people parked in her yard and driveway.

BZA member Alan Clingan said he understood Morrison's complaint. However, a "quick mart" not offering fuel could be established in the building, owned by the Dora Ann Nay Living Trust, without coming before the board because such a business is allowable in a commercial zone. That scenario would mean a lot more traffic.

This was the second request by Inglesia Betesda Church for a meeting place.

In April, Sanchez's request to establish the church in an industrial zone was denied.

Russel Brown Sr. appeared before the board to apologize for not meeting all the conditions of a variance granted earlier this year. He wanted to inform the members he probably couldn't comply with restrictions to a use variance established in June.

Brown leases the former Union Tool building at 936 N. Detroit St. and lives in an apartment there. He operates lawn care and used car sales businesses from the building too.

The property was zoned industrial and Brown's use was contingent upon installation of a hard surface on the ground, outdoor storage screened from public view and a landscaped buffering strip installed along the west side of the property by Nov. 1.

In August, property owner Michael Simpson appeared before the plan commission requesting a change in zoning from industrial to commercial, which was approved.

Brown said he will be unable to comply with the restrictions because Simpson has indicated he will not share in the costs of asphalt.

In fact, Brown said, although his lease expires March 1, Simpson will let him know at the end of the motth how many more days he may occupy the building.

"He plans to tear down 'my' building and the computer building (on an adjacent lot to the north) and put in a strip mall," Brown said, indicating Simpson. "I can't afford to asphalt the lot by myself and move out in 30 days."

Board members agreed with this assessment of the Brown-Simpson situation, with Clingan saying if he used his imagination, he could see the same buildings occupying the property March 1, and not a strip mall.

In other business, the board:

• Granted a request by John Corl, who owns a house on Country Club Drive, for a 5.25-foot north side yard setback, which is less than 20 percent of the lot width requirements.

Corl plans to add an addition to his house.

• Denied a request by Peggy Myers, 942 E. Garfield, to build a 30- by 40-foot accessory structure for storage.

The board found the three-car garage not in keeping with the neighborhood and the request was twice the allowable size for an accessory building.

• Tabled a request by James and Kimberly Zellers to establish an outdoor storage building in an industrial district, at 740 Brown St.

Zellers was advised to return next month with a more comprehensive plan for the property. On several issues he said he wasn't sure what he would do short of providing fenced-in outdoor storage stalls.

The land is designated as being in a flood plain and is marked for conservation in the city master plan.

Paula Whitesell, a neighbor to the property, expressed her concern about lights at night, the effect on wildlife already established there and water drainage when a hard surface is installed.

Outdoor storage is not allowed in any industrial district and all other industrial operations must be in an enclosed space.

Assistant city planner Teresa Ho was thanked for her work with Blosser's Camera and Video, 1002 E. Center St., which has recently come into compliance with the BZA by installing a fence to screen the parking lot. The fence request was made two years ago.

Board of zoning appeals members are Bruce Woodward, Dan Hampton, Tom Heuer, Richard Keeven and Alan Clingan. Trish Brown is the non-voting city council representative. [[In-content Ad]]

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