A request by Mary McCook to increase the size of an illuminated sign at her business on East Market Street was denied Monday by the Warsaw Board of Zoning Appeals.

In August 1991, McCook received permission to place a sign in the residentially zoned district beyond development standards, 16 square feet, to 48 square feet, advertising the location of New Moves Wellness Center. Also approved was a 66-square-foot wall sign and a 120-foot wall sign.

City planner Jeff Noffsinger said the present sign is already too large for the area. The proposed new sign would be 8.7 feet tall, exceeding the maximum height restriction of 6 feet.

McCook said a portable message board, the use of which is limited to 90 days per year, helped their business.

"We wish we would've done that (had a message board) from the beginning," she said. "We find it helps our business." She said the wall signs had not been put up because an expansion was planned and the city-recommended drainage and improvements to the parking lot had cost a lot of money.

BZA president Bruce Woodward asked why she couldn't have a message board within the 48-square-foot parameters. McCook said Johnson Brothers Signs recommended the size and they were the experts.

Board members Richard Keeven and Alan Clingan said they were opposed to a larger sign, and Woodward said it was the only illuminated sign east of the railroad tracks on Market Street.

Woodward turned to the findings of facts, a document signed by board members on every issue. The first question is whether on not approval will be injurious to the public health, safety, morals and general welfare of the community.

Councilwoman Trish Brown pointed out that McCook could have a message board on the building.

"It's not a new business," she said. "They have an office on Center Street and one in Columbia City. This could have been better thought out. It's in a residential area where most of the homes are rented, that's why we don't have remonstrators here. There are plenty of commercial zones in Warsaw to put a business with an illuminated sign."

McCook protested that New Moves Health Systems, on Center Street, was a completely separate corporation. When asked if she owned them both, McCook answered yes.

"Well, this is your third time before the board, for the Center Street business, the Market Street business, all with ownership issues," Woodward said. "It is our intent to keep it a residential area."

The board was unanimous in its denial of the petition.

A variance from developmental standards and a special exception for a wireless communication facility was granted to Charles Hayes, potential owner, at the corner of Durbin and Adams streets, zoned industrial 1.

In his introduction of the item, Noffsinger said Hayes plans to erect a 190-foot tower at the location, which is very industrial in appearance. The maximum height allowed for any tower in a commercial or industrial district is 200 feet.

Currently city ordinances require a front, side and rear setback to be a minimum of 50 feet plus 2 feet for each foot of tower exceeding 150 feet - or 130 feet of setback for each side, in this case. However, because of the collapsible nature of the new towers, it falls to the center instead of collapsing out from its base. The setbacks shown are 20 feet on two sides and 15 feet on another.

Carrie Wallace, who works for Hayes, said the next closest tower is more than one mile away and belongs to WRSW. Co-location, placement of antenna by other wireless companies, is difficult on the AM tower. She said the Hayes-built tower is being constructed for Centennial and would have space for four more antennas.

Brown said she wasn't against this particular request, but wondered where it would end.

"How many do we put in our community before we say enough is enough?" she asked.

Noffsinger said it is up to the petitioner to prove co-location is not possible at another location.

In other business, the board:

• Approved the request of Shawnika Biddle to operate a beauty salon in a residential-1 zoned district at 1912 La Vista Drive. The Biddles currently reside at 1836 La Vista Drive and she operates a beauty salon from there, a variance granted in December 1999. The couple plan to reside at the 1912 address too.

• Approved the request of Russ Keller and Jeff Buriff to operate a landscaping business with outdoor storage in an industrial-1 zoned district. Keller appeared before the board saying the lot, behind Ranger Materials, at 2411 Hendricks Street, was cemented, and concrete barriers would be installed with a landscape border of nursery stock. An office would be leased out of the Argonne Equipment building.

• Heard from attorney Steve Snyder, representing the firm of Valentine, Miner & Lemon Law Office, 603 N. Parker St. The business plans to add a second story to the present building, which was approved. Attorneys from Valentine, Miner & Lemon did not represent themselves because they are the city's law firm.

Members of the BZA are Bruce Woodward, Tom Heuer, Richard Keeven, Alan Clingan and non-voting member Trish Brown. Dan Hampton was absent. [[In-content Ad]]