Zoners OK Request To Relocate Hearing Center

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

By TERESA SMITH, Times-Union Staff Writer-

Sandy Engleberth's plan to move the American Hearing Center from Scott Street to a house at 1610 E. Center St. was approved by the Warsaw Board of Zoning Appeals Monday.

Her request to install an illuminated, 8-foot tall sign was not.

Engleberth plans to remodel the former Hoffman residence into office space on both levels. A paved parking lot with access from the east and an alley to the south is planned.

City planner Jeff Noffsinger said the proposed use is consistent with the transition that has been occurring along Center Street in the past few years. The area is zoned R-2/Residential. Directly to the east is a mortgage office; across the street is a hair salon.

Ann Chubb, of 1121 E. Center St., said she hated to see another office in the residential district. She also said Center Street is the only nice entryway into the city and an illuminated sign wasn't needed.

"If the business is that good, the sign doesn't need to be illuminated," she said.

The board members agreed.

The freestanding, illuminated sign is 18 square feet in size and 8 feet tall. The BZA approved its design in April for the Scott Street location. It hasn't been installed.

Typically the BZA has granted non-illuminated signs not exceeding 16 square feet in size and 6 feet in height, consistent with sign regulation for offices in a R-3 district.

For Engleberth the board restricted the signage to 6 feet in height, allowed the square footage to be 18 feet and requires it to be non-illuminated.

"We don't want to see a sign-height war on Center Street," said board member Bruce Woodward.

Carlos Solorzano's request to operate a grocery store at 1202 E. Center St. in a residential district was denied by the board.

Solorzano said he planned to convert the first floor of the house into a small Mexican grocery, operated by himself and his wife. Two second story apartments would remain.

In his comments, Noffsinger said the site would accommo¼date seven paring space and an additional five would be required, which the lot size would not support.

Dewey Lawshe, who lives and operates his barber shop in the house to the east remonstrated against the proposal.

He said the current residents use his drive and parking lot, at the back of his property, now. He threatened to put up a fence, "and it will be high," if the variance was approved.

Dean Acker, 1211 E. Center St., presented 16 signatures in remonstrance of the proposal. "The petitions point out a grocery store would detract from the area and increase traffic. The lot has no parking space. There are plenty of suitable, vacant retail and commercial buildings available for the grocery store."

Ralph Hine, 1116 E. Center St., asked about delivery of goods, saying there was not room for a truck to turn around.

The board found against the application because of possible to public safety, the use would affect the neighborhood in an adverse manner and practical difficulties in the use of the property.

Attorney Steve Snyder represented The Car Company in a variance from developmental standards regarding the display and sales of used vehicles at 445W CR250N.

The Car Company's petition to display used vehicles in the I-2/Industrial zone was approved after Snyder explained that the 40 foot by 180 foot strip rented from Myer Levin Scrapyard along Ind. 15N would be asphalted as soon as weather permits.

The cars have been illegally displayed south of the main lot since this past summer. A letter was sent to the petitioner in May asking him to remedy the situation with a variance request, according to Noffsinger, and the cars were removed at that time. They have since returned to that space.

Snyder said the area would be dressed up, cleaned up and paved with an appropriate buffer installed.

In other business the board:

• Approved a waiver of off-street parking requirements for a law office as requested by Patti Taylor for property at 121 N. Washington St.

• Approved a variance from developmental Standards at 602 S. Colfax St., as requested by Adam and Erin Dutka.

The Dutkas plan to build a new home at this property with a 9 foot, 6 inch east property line setback.

• Approved a request by Jim Breading for a second single family principal structure at 2007 E. Jefferson St.

• Approved a special exception and variance from developmental standards for a wireless communication facility at 300 Poor Drive, zoned I-2/Light Industrial.

The 179 foot high tower will have a 10 foot setback on the north property line and a 14 foot setback on the east property line. The required setbacks are 180 feet.

• Elected Alan Clingan president of the board and re-elected Dan Hampton vice president. Other members are Richard Keeven, Tom Heuer and Bruce Woodward. Bill Rhoades is the city council representative. [[In-content Ad]]

Sandy Engleberth's plan to move the American Hearing Center from Scott Street to a house at 1610 E. Center St. was approved by the Warsaw Board of Zoning Appeals Monday.

Her request to install an illuminated, 8-foot tall sign was not.

Engleberth plans to remodel the former Hoffman residence into office space on both levels. A paved parking lot with access from the east and an alley to the south is planned.

City planner Jeff Noffsinger said the proposed use is consistent with the transition that has been occurring along Center Street in the past few years. The area is zoned R-2/Residential. Directly to the east is a mortgage office; across the street is a hair salon.

Ann Chubb, of 1121 E. Center St., said she hated to see another office in the residential district. She also said Center Street is the only nice entryway into the city and an illuminated sign wasn't needed.

"If the business is that good, the sign doesn't need to be illuminated," she said.

The board members agreed.

The freestanding, illuminated sign is 18 square feet in size and 8 feet tall. The BZA approved its design in April for the Scott Street location. It hasn't been installed.

Typically the BZA has granted non-illuminated signs not exceeding 16 square feet in size and 6 feet in height, consistent with sign regulation for offices in a R-3 district.

For Engleberth the board restricted the signage to 6 feet in height, allowed the square footage to be 18 feet and requires it to be non-illuminated.

"We don't want to see a sign-height war on Center Street," said board member Bruce Woodward.

Carlos Solorzano's request to operate a grocery store at 1202 E. Center St. in a residential district was denied by the board.

Solorzano said he planned to convert the first floor of the house into a small Mexican grocery, operated by himself and his wife. Two second story apartments would remain.

In his comments, Noffsinger said the site would accommo¼date seven paring space and an additional five would be required, which the lot size would not support.

Dewey Lawshe, who lives and operates his barber shop in the house to the east remonstrated against the proposal.

He said the current residents use his drive and parking lot, at the back of his property, now. He threatened to put up a fence, "and it will be high," if the variance was approved.

Dean Acker, 1211 E. Center St., presented 16 signatures in remonstrance of the proposal. "The petitions point out a grocery store would detract from the area and increase traffic. The lot has no parking space. There are plenty of suitable, vacant retail and commercial buildings available for the grocery store."

Ralph Hine, 1116 E. Center St., asked about delivery of goods, saying there was not room for a truck to turn around.

The board found against the application because of possible to public safety, the use would affect the neighborhood in an adverse manner and practical difficulties in the use of the property.

Attorney Steve Snyder represented The Car Company in a variance from developmental standards regarding the display and sales of used vehicles at 445W CR250N.

The Car Company's petition to display used vehicles in the I-2/Industrial zone was approved after Snyder explained that the 40 foot by 180 foot strip rented from Myer Levin Scrapyard along Ind. 15N would be asphalted as soon as weather permits.

The cars have been illegally displayed south of the main lot since this past summer. A letter was sent to the petitioner in May asking him to remedy the situation with a variance request, according to Noffsinger, and the cars were removed at that time. They have since returned to that space.

Snyder said the area would be dressed up, cleaned up and paved with an appropriate buffer installed.

In other business the board:

• Approved a waiver of off-street parking requirements for a law office as requested by Patti Taylor for property at 121 N. Washington St.

• Approved a variance from developmental Standards at 602 S. Colfax St., as requested by Adam and Erin Dutka.

The Dutkas plan to build a new home at this property with a 9 foot, 6 inch east property line setback.

• Approved a request by Jim Breading for a second single family principal structure at 2007 E. Jefferson St.

• Approved a special exception and variance from developmental standards for a wireless communication facility at 300 Poor Drive, zoned I-2/Light Industrial.

The 179 foot high tower will have a 10 foot setback on the north property line and a 14 foot setback on the east property line. The required setbacks are 180 feet.

• Elected Alan Clingan president of the board and re-elected Dan Hampton vice president. Other members are Richard Keeven, Tom Heuer and Bruce Woodward. Bill Rhoades is the city council representative. [[In-content Ad]]

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