Walgreens' Use Variance Put On Hold
July 28, 2016 at 4:25 p.m.
The Warsaw Board of Zoning appeals tabled an application by Preferred Development, Chicago, for a use variance to construct a Walgreens at the corner of Argonne Road and Center Street Monday.
Syracuse-based attorney Steve Snyder representing Preferred Development, advised the board a use variance allowed the members to place a host of conditions on the development.
The item was tabled to either the second Monday in May, a rescheduling because of Memorial Day, or the fourth Monday in June. BZA members Dan Hampton and Alan Clingan both said they didn't have enough evidence, possible property value losses, a traffic report nor an architectural drawing, to make a decision.
"I'm wondering whether to table it or deny the variance," Hamilton said after a lengthy pause at 9:40 p.m.
Snyder said denying the petition would forever halt further variances by the company.
Hampton, Tom Heuer and Alan Clingan voted for tabling the item. Bruce Woodward voted against the action. Richard Keeven was absent last night.
The city block, from Center to Market street and from Argonne Road to Roosevelt Street, would be demolished in order to accommodate the 14,560-square-foot Walgreens with 71 parking spaces.
Currently, the block has several zoning designations: Residential-2 and 3 and Commercial-3 (see accompanying article regarding use designations).
Elevated buffer zones were proposed along Market and Roosevelt streets with the Argonne Road and Center Street corner open for greater visibility.
The project was first brought before the city council March 17 for information only. Discussion about the project revolved around rezoning the area commercial rather than allowing a use variance.
Snyder said the purchase option on the former nursing home is about to expire. Filing the petition with the BZA takes less time than submitting a rezoning request through the plan commission and city council. The company also has options to purchase six residences located on the block.
Redevelopment of the site affects realignment of the Center Street, Parker Street and Argonne Road, a project the city has studied for a number of years.
Walgreens is willing to donate any right-of-way, up to 80 feet, Snyder said, required to facilitate the street redesign. This would result in an angled curb at Argonne and Center, and the installation of one streetlight controlling traffic at the Argonne, Center and Parker intersection.
Ken Herceg and Associates, an engineering firm, has been retained by the city to conduct a traffic study, according to city planner Jeff Noffsinger.
The study will not be available for perhaps two months. A traffic study for the Kroger gas kiosk was conducted about a year ago.
Several citizens came forward in remonstrance to the Walgreens use variance, saying they had believed the zoning laws protected them from such development in their neighborhood.
Eddie Krebs stepped before the board. He lives at 2302 E. Market St., about one half block away from the proposed site.
BZA member Bruce Woodward read from a letter Krebs forwarded to the board dated April 9. Krebs said he and his wife purchased their home to be a place to live for the rest of their lives.
"We felt we were protected by zoning laws and, in fact, became even more comfortable when the Master Plan was renewed and reinforced a number of years ago," Woodward read. "We have invested many dollars in our home because of this and our desire to be good neighbors.
"Building this store as planned will show that there isn't much of an incentive to make improvements to your property. You will only see less value of your property and a much less peaceful life."
Dee Young, a resident of 119 Argonne Road for 23 years, said her house is across the street from the proposed project.
"What about Zale's Pharmacy? What about K-Mart? What is the meaning of a Walgreens?" she asked. "You're getting rid of six houses and increasing the traffic and lighting which will shine directly into my house."
Snyder said the drug store would operate from 8 a.m. to 10 p.m. every day and could possibly be open 24 hours a day. He said the most intense lighting would be along the entrance, facing the corner of Argonne Road and Center Street, with "directed" lighting in the back.
Nick Walenga, owner of 1226 E. Market St., asked the board to consider the character of the neighborhood, the park a couple of blocks away and the children who live in the area.
"What is the point of zoning if we can change it and the developers win? Are the buyers of the nursing home really so stacked up you'll loose the option?" he asked. "If that's the case I should have invested in it to make a ton of money. What makes this property so exciting and intriguing?
"You guys will do what you want, you always do," he said, adding he bought a house in a nice neighborhood, never expecting a large store to be built nearby.
City councilman Bill Rhoades asked why the plan commission and the council were being bypassed in this situation.
Woodward said the plan commission would have an opportunity to review the site plan when it is finalized.
In other business the board:
• Approved the request by Valentine, Miner and Lemon Law Office, 603 N. Parker St. to add a 2,700-square-foot addition to the existing professional office. Snyder represented the petitioners, saying the original plan had been reworked.
• Approved a request by Sandra Gossman of American Hearing Center, 413 S. Scott St., to erect an illuminated, freestanding sign, 11 feet in height, in an R-2 district. The signage will replace an existing sign and is not to exceed the dimensions of the present sign. [[In-content Ad]]
The Warsaw Board of Zoning appeals tabled an application by Preferred Development, Chicago, for a use variance to construct a Walgreens at the corner of Argonne Road and Center Street Monday.
Syracuse-based attorney Steve Snyder representing Preferred Development, advised the board a use variance allowed the members to place a host of conditions on the development.
The item was tabled to either the second Monday in May, a rescheduling because of Memorial Day, or the fourth Monday in June. BZA members Dan Hampton and Alan Clingan both said they didn't have enough evidence, possible property value losses, a traffic report nor an architectural drawing, to make a decision.
"I'm wondering whether to table it or deny the variance," Hamilton said after a lengthy pause at 9:40 p.m.
Snyder said denying the petition would forever halt further variances by the company.
Hampton, Tom Heuer and Alan Clingan voted for tabling the item. Bruce Woodward voted against the action. Richard Keeven was absent last night.
The city block, from Center to Market street and from Argonne Road to Roosevelt Street, would be demolished in order to accommodate the 14,560-square-foot Walgreens with 71 parking spaces.
Currently, the block has several zoning designations: Residential-2 and 3 and Commercial-3 (see accompanying article regarding use designations).
Elevated buffer zones were proposed along Market and Roosevelt streets with the Argonne Road and Center Street corner open for greater visibility.
The project was first brought before the city council March 17 for information only. Discussion about the project revolved around rezoning the area commercial rather than allowing a use variance.
Snyder said the purchase option on the former nursing home is about to expire. Filing the petition with the BZA takes less time than submitting a rezoning request through the plan commission and city council. The company also has options to purchase six residences located on the block.
Redevelopment of the site affects realignment of the Center Street, Parker Street and Argonne Road, a project the city has studied for a number of years.
Walgreens is willing to donate any right-of-way, up to 80 feet, Snyder said, required to facilitate the street redesign. This would result in an angled curb at Argonne and Center, and the installation of one streetlight controlling traffic at the Argonne, Center and Parker intersection.
Ken Herceg and Associates, an engineering firm, has been retained by the city to conduct a traffic study, according to city planner Jeff Noffsinger.
The study will not be available for perhaps two months. A traffic study for the Kroger gas kiosk was conducted about a year ago.
Several citizens came forward in remonstrance to the Walgreens use variance, saying they had believed the zoning laws protected them from such development in their neighborhood.
Eddie Krebs stepped before the board. He lives at 2302 E. Market St., about one half block away from the proposed site.
BZA member Bruce Woodward read from a letter Krebs forwarded to the board dated April 9. Krebs said he and his wife purchased their home to be a place to live for the rest of their lives.
"We felt we were protected by zoning laws and, in fact, became even more comfortable when the Master Plan was renewed and reinforced a number of years ago," Woodward read. "We have invested many dollars in our home because of this and our desire to be good neighbors.
"Building this store as planned will show that there isn't much of an incentive to make improvements to your property. You will only see less value of your property and a much less peaceful life."
Dee Young, a resident of 119 Argonne Road for 23 years, said her house is across the street from the proposed project.
"What about Zale's Pharmacy? What about K-Mart? What is the meaning of a Walgreens?" she asked. "You're getting rid of six houses and increasing the traffic and lighting which will shine directly into my house."
Snyder said the drug store would operate from 8 a.m. to 10 p.m. every day and could possibly be open 24 hours a day. He said the most intense lighting would be along the entrance, facing the corner of Argonne Road and Center Street, with "directed" lighting in the back.
Nick Walenga, owner of 1226 E. Market St., asked the board to consider the character of the neighborhood, the park a couple of blocks away and the children who live in the area.
"What is the point of zoning if we can change it and the developers win? Are the buyers of the nursing home really so stacked up you'll loose the option?" he asked. "If that's the case I should have invested in it to make a ton of money. What makes this property so exciting and intriguing?
"You guys will do what you want, you always do," he said, adding he bought a house in a nice neighborhood, never expecting a large store to be built nearby.
City councilman Bill Rhoades asked why the plan commission and the council were being bypassed in this situation.
Woodward said the plan commission would have an opportunity to review the site plan when it is finalized.
In other business the board:
• Approved the request by Valentine, Miner and Lemon Law Office, 603 N. Parker St. to add a 2,700-square-foot addition to the existing professional office. Snyder represented the petitioners, saying the original plan had been reworked.
• Approved a request by Sandra Gossman of American Hearing Center, 413 S. Scott St., to erect an illuminated, freestanding sign, 11 feet in height, in an R-2 district. The signage will replace an existing sign and is not to exceed the dimensions of the present sign. [[In-content Ad]]