Zoners OK Setback Reductions For Sheradon
July 28, 2016 at 4:25 p.m.
Don Doan's request for reduced setbacks on his property was unanimously approved by the Warsaw Board of Zoning Appeals Monday night.
The city code's requirement that Doan put up a privacy fence may pose a problem.
According to Doan, who attended Monday's meeting, a recent fire at his residence destroyed 120 feet of fencing he planned on using once he obtained approval for its construction.
The BZA petition evolved from an October city code hearing accusing Doan of placing inventory from his shop, Sheradon Enterprises, along the city's right of way.
A finding from the hearing recommended Doan erect the fence around his location and place his goods inside the property.
Board member Rick Keevan encouraged the board's approval, saying he hoped the situation could come to a mutual agreement between Doan and the city.
"This business has been very helpful for the neighborhood," Keevan said. "I would hope, through our decision tonight, that we can preserve the business."
Yet a neighboring Warsaw resident was skeptical as to why she had to live next to what she thought was an eyesore to the community.
"I can't figure out why he's never cleaned (his property) up," Kristeen England, of 504 E. Market St., said. "We have to sit on our porch and look at that dump. I really think he should have to do something."
The city has been urging Doan to clean up his property for the last 19 years. During the meeting, Gisele Cox, of the planning department, said reports indicate the rights of way in question were clear of Doan's inventory. Board member Alan Clingan was quick to dispute the information.
"I drove past and saw a lawn mower out in the right of way before this meeting," Clingan said. "Seems like it's out of compliance again tonight.
"I think we should approve a fence, but it doesn't look like we're going to get one."
Bruce Woodward, president of the board in Dan Hampton's absence, encouraged Doan to act quickly after the board's approval.
"With the recent code requirements, it's best you start working on constructing a fence tomorrow," Woodward said.
In other matters, Randy Savage, of Lucas Inc. Realtors, came before the board requesting a variance of use for 519 E. Center St. to allow for the construction of a parking lot on the property.
Savage said he plans to increase the parking for employees and customers at his facility, which he also is researching for possible expansion in the area.
Teresa Smith, of 108 N. Park Ave., expressed concerns over present drainage issues in the area that could worsen if the parking lot is constructed.
"I'm not opposed to the expansion. I think Lucas has a nice facility and maintains the property well, but we're downhill from them and already have some major water issues," Smith said. "I just don't want to be swimming."
City planner Jeremy Skinner said the council should vote on the decision considering the regulations stated in the Center Street Corridor Design Standards, which take into account such factors as drainage, landscaping and overall character.
"This parking lot, by no means, will fix this water problem, but (Savage's) responsibility is to not make the situation worse," Skinner said. "At best, this would cause things to be the same."
Both Clingan and Woodward said the idea of another parking lot in the Center Street area wasn't what they ideally wanted, given recent results of previously approved parking lots in the area.
"Personally, I'm opposed to expansion in the area, because it's already out of character," Woodward said. "I remember what the street used to look like, and it was beautiful. It looks nothing like it used to because so many trees have been taken down through various developments."
Clingan agreed and explained the board's past experiences with similar cases.
"If you showed me a parking lot that looked nice, something we could be proud of, then I'd feel much better about the situation," Clingan said. "That hasn't happened yet along Center Street, so maybe you can be a trailblazer and set the example for me."
After discussion, the board approved the request, with recommendations that the parking lot address the Center Street Corridor standards and also provide 6-foot high landscaping buffering along its north side.
The board also:
• Approved Quality Properties LLC's request for a variance of use at 2275 N. Detroit St. The approval will allow for retail sales, which previously had been a service business.
• Approved a request by Dan Bordner, of D&D Motor Sports, to sell and service motorcycles at 415 E. Winona Ave.
• Approved a request from Doris Thomas, allowing a manufactured home to be built at 214 N. Tamarack St.
The manufactured home will be constructed to meet city requirements.
Present were board members Woodward, Clingan, Keevan, Tom Heuer and council representative Bill Rhoades. Hampton was absent.
The next meeting is Dec. 15. [[In-content Ad]]
Don Doan's request for reduced setbacks on his property was unanimously approved by the Warsaw Board of Zoning Appeals Monday night.
The city code's requirement that Doan put up a privacy fence may pose a problem.
According to Doan, who attended Monday's meeting, a recent fire at his residence destroyed 120 feet of fencing he planned on using once he obtained approval for its construction.
The BZA petition evolved from an October city code hearing accusing Doan of placing inventory from his shop, Sheradon Enterprises, along the city's right of way.
A finding from the hearing recommended Doan erect the fence around his location and place his goods inside the property.
Board member Rick Keevan encouraged the board's approval, saying he hoped the situation could come to a mutual agreement between Doan and the city.
"This business has been very helpful for the neighborhood," Keevan said. "I would hope, through our decision tonight, that we can preserve the business."
Yet a neighboring Warsaw resident was skeptical as to why she had to live next to what she thought was an eyesore to the community.
"I can't figure out why he's never cleaned (his property) up," Kristeen England, of 504 E. Market St., said. "We have to sit on our porch and look at that dump. I really think he should have to do something."
The city has been urging Doan to clean up his property for the last 19 years. During the meeting, Gisele Cox, of the planning department, said reports indicate the rights of way in question were clear of Doan's inventory. Board member Alan Clingan was quick to dispute the information.
"I drove past and saw a lawn mower out in the right of way before this meeting," Clingan said. "Seems like it's out of compliance again tonight.
"I think we should approve a fence, but it doesn't look like we're going to get one."
Bruce Woodward, president of the board in Dan Hampton's absence, encouraged Doan to act quickly after the board's approval.
"With the recent code requirements, it's best you start working on constructing a fence tomorrow," Woodward said.
In other matters, Randy Savage, of Lucas Inc. Realtors, came before the board requesting a variance of use for 519 E. Center St. to allow for the construction of a parking lot on the property.
Savage said he plans to increase the parking for employees and customers at his facility, which he also is researching for possible expansion in the area.
Teresa Smith, of 108 N. Park Ave., expressed concerns over present drainage issues in the area that could worsen if the parking lot is constructed.
"I'm not opposed to the expansion. I think Lucas has a nice facility and maintains the property well, but we're downhill from them and already have some major water issues," Smith said. "I just don't want to be swimming."
City planner Jeremy Skinner said the council should vote on the decision considering the regulations stated in the Center Street Corridor Design Standards, which take into account such factors as drainage, landscaping and overall character.
"This parking lot, by no means, will fix this water problem, but (Savage's) responsibility is to not make the situation worse," Skinner said. "At best, this would cause things to be the same."
Both Clingan and Woodward said the idea of another parking lot in the Center Street area wasn't what they ideally wanted, given recent results of previously approved parking lots in the area.
"Personally, I'm opposed to expansion in the area, because it's already out of character," Woodward said. "I remember what the street used to look like, and it was beautiful. It looks nothing like it used to because so many trees have been taken down through various developments."
Clingan agreed and explained the board's past experiences with similar cases.
"If you showed me a parking lot that looked nice, something we could be proud of, then I'd feel much better about the situation," Clingan said. "That hasn't happened yet along Center Street, so maybe you can be a trailblazer and set the example for me."
After discussion, the board approved the request, with recommendations that the parking lot address the Center Street Corridor standards and also provide 6-foot high landscaping buffering along its north side.
The board also:
• Approved Quality Properties LLC's request for a variance of use at 2275 N. Detroit St. The approval will allow for retail sales, which previously had been a service business.
• Approved a request by Dan Bordner, of D&D Motor Sports, to sell and service motorcycles at 415 E. Winona Ave.
• Approved a request from Doris Thomas, allowing a manufactured home to be built at 214 N. Tamarack St.
The manufactured home will be constructed to meet city requirements.
Present were board members Woodward, Clingan, Keevan, Tom Heuer and council representative Bill Rhoades. Hampton was absent.
The next meeting is Dec. 15. [[In-content Ad]]