SYRACUSE -ÊBefore hearing Larry Stewart's petition, the Syracuse Board of Zoning Appeal had to define "living space."

Stewart's petition was for an exception to allow "living space" in an accessory building to remain in a residential district. The property is at 406 E. Medusa St., on the south side of Medusa, and 616 feet east of Front Street.

According to Matt Sandy, Kosciusko County Area Plan Commission assistant planner, Stewart previously had an exception approved for the accessory building, but the BZA put a condition on the approval that the building may not include any living space. The BZA discovered Stewart may have added living space anyway, and sent him a letter. In response, Stewart filed the petition for an exception to allow him to keep what he has.

Last month at the BZA meeting, attorney Steve Snyder, representing Stewart, asked the board to define what they meant by living space. The meeting was postponed until this month to give the board time to consult their attorney.

By unanimous approval Thursday, the BZA approved defining a residence as including all of the following: bathroom (shower, sink, stool or urinal), kitchen (stove, oven, dishwasher, refrigerator, freezer, bar, cabinets, sink), sleeping quarters (beds, cots, futons, bunks, closets with clothes), furnished living space (bar, furniture, fireplace, flooring), game/entertainment/exercise room (functional), air conditioning, gas, sewer, water, electric, water heater. If some of those conditions are absent, the plan commission staff will make a determination as to if it's living space.

If the following items are present in part or in whole, it is not considered a residence, and they are allowed in any accessory structure: standalone freezer, stand-alone refrigerator, stored furniture (not usable), usable restroom, accessory storage, electric, gas, water, air conditioning/heat, wood burner/furnace and fireplace.

After the BZA defined what a living space was Snyder said at the time the BZA originally approved Stewart's accessory building, the board did not have a definition of living space. Snyder said it is on a legal residential lot, so they could just call it a residence and leave it as it is.

The accessory building, he said, has a game room, bathroom, wet bar and storage and workshop areas. There is no kitchen or sleeping quarters. The accessory building has no negative effect on adjacent properties and is very compatible with the neighborhood.

Three residents, Carol Koble, Debbie Snyder and Charles Morton - spoke in favor of the petition. There were no remonstrators present to speak against the petition.

BZA chairman Mike Brower said the problem arose with this case when Stewart presented his petition as a garage and workshop but violated the "no living space" condition. Personally, he said, he would not have had a problem with the living space in the accessory building as long as it didn't include sleeping quarters. He cautioned any petitioners to include everything they plan to do to their property when they present a petition to the BZA to avoid a case such as Stewart's.

The BZA then unanimously approved Stewart's petition with the conditions that it not have sleeping quarters and the two lots Stewart owns be deeded together.

In other business, the BZA:

• Approved Lynn Atwood's petition for a variance to permit allowing a 5-foot high fence to remain closer than 2 feet from the right of way of Front Street. The property is on the north side of Benton Street and zero feet south of Front Street at 302 E. Benton St.

• Approved Wawasee Bowl's petition for an exception to allow the change and alteration to a non-conforming use by allowing a porch to be made into the bowling alley in a commercial district. The property, at 1201 S. Huntington St., is on the west side of Huntington Street and zero feet south of Bowser Road.

Members of the Syracuse BZA are Mike Brower, Jon Brookmyer, Gus Duehmig and Steve Sharp. They meet at 7 p.m. in the town hall on the third Thursday of every month. [[In-content Ad]]