Zoners OK Sign Request, Table Construction Petition
July 28, 2016 at 4:25 p.m.
James Bohlin's request for an illuminated sign was approved by the Warsaw Board of Zoning Appeals Monday. The sign's shape went from horizontal to vertical.
Bohlin, who is building a dentist's office at 1922 Husky Trial in a residential-zoned district, initially presented a horizontal sign, 3 feet high by 9 feet long. Monday's design was 10 feet, 9 inches tall and 8 feet wide. Bohlin said the reason for the design change is because the sign will be installed in the tapered center of a 4-foot berm along Husky Trail. Access to the property will be from Kuder Lane.
The maximum square footage allowable in this zone is a 4-foot by 4-foot unlighted sign, not to exceed 6 feet in height.
Eric Wynn's request to construct a 20-foot-high accessory structure at 516 W. Center St. was tabled so the board could study the meaning of ordinance language.
Wynn's property is zoned R-3 and, although extra buildings are allowed, they are not to exceed 18 feet in height, or 1-1/2 stories.
Wynn said he plans to bring a barn to the property using the bottom as a garage and the top as an office. The structure, in Nappanee, actually measures 23 feet tall. He plans to cut it down to 20 feet. He did not provide photographs of the building.
Dave Morgan, who rents the 512 W. Center St. property, approached the board objecting to the building's height, saying, "It will appear ominous over our back yard. Eighteen feet is tall enough."
BZA member Dan Hampton got stuck on the wording of the regulation, that an accessory structure is not to exceed 18 feet in height or 1-1/2 stories.
He said Wynn's request was definitely for a two-story structure and recommended the petition be reworded or it is in violation.
"The petition as presented is wrong because we know what his intent is [to build an office]," Hampton said.
BZA member Bruce Woodward suggested the second story would be considered a half story by assessors because it is smaller in actual square footage because of the roof line.
Wynn's request was tabled until the ordinance can be clearly defined. Woodward recommended Wynn have pictures and elevations of the barn he plans to move.
The board took no action regarding the findings of fact pertaining to the Kimm's Food Mart property.
During the July 28 meeting, Kimm Dock's request for two additional free-standing signs was denied by the Warsaw Board of Zoning Appeals members in a unanimous decision.
In general, BZA members consider whether approval of a particular item will be injurious to the public health, safety, morals and general welfare of the community, whether the approval will substantially affect adjacent property in an adverse manner and whether strict application of the ordinance will result in practical difficulties in the use of the property.
The findings of fact note the zoning ordinance allows one freestanding sign per zoned lot; in January 1998 a sign permit for a 120-square-foot sign was issued; and in June 1999, Jerry Kralis received BZA approval to erect a freestanding 100-square-foot sign on the same zoned lot to serve as a common sign for the tenants of North Park Plaza.
Two additional signs on light poles were erected without obtaining permits; the Docks have other alternatives available for additional signage and no evidence was presented that a strict application of the ordinance would result in practical difficulties affecting the Docks' use of the property.
Monday, city councilwoman Trish Brown said, "The whole sign ordinance will be rewritten before the end of the year. This [the findings of fact] will be a moot point."
BZA member Rick Keeven asked if "they" are going to allow the signs, and Brown said, "Yes, they are."
Members of the BZA are Bruce Woodward, Dan Hampton, Alan Clingan, Richard Keevan and Tom Heuer. Trish Brown is the non-voting city council representative. [[In-content Ad]]
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James Bohlin's request for an illuminated sign was approved by the Warsaw Board of Zoning Appeals Monday. The sign's shape went from horizontal to vertical.
Bohlin, who is building a dentist's office at 1922 Husky Trial in a residential-zoned district, initially presented a horizontal sign, 3 feet high by 9 feet long. Monday's design was 10 feet, 9 inches tall and 8 feet wide. Bohlin said the reason for the design change is because the sign will be installed in the tapered center of a 4-foot berm along Husky Trail. Access to the property will be from Kuder Lane.
The maximum square footage allowable in this zone is a 4-foot by 4-foot unlighted sign, not to exceed 6 feet in height.
Eric Wynn's request to construct a 20-foot-high accessory structure at 516 W. Center St. was tabled so the board could study the meaning of ordinance language.
Wynn's property is zoned R-3 and, although extra buildings are allowed, they are not to exceed 18 feet in height, or 1-1/2 stories.
Wynn said he plans to bring a barn to the property using the bottom as a garage and the top as an office. The structure, in Nappanee, actually measures 23 feet tall. He plans to cut it down to 20 feet. He did not provide photographs of the building.
Dave Morgan, who rents the 512 W. Center St. property, approached the board objecting to the building's height, saying, "It will appear ominous over our back yard. Eighteen feet is tall enough."
BZA member Dan Hampton got stuck on the wording of the regulation, that an accessory structure is not to exceed 18 feet in height or 1-1/2 stories.
He said Wynn's request was definitely for a two-story structure and recommended the petition be reworded or it is in violation.
"The petition as presented is wrong because we know what his intent is [to build an office]," Hampton said.
BZA member Bruce Woodward suggested the second story would be considered a half story by assessors because it is smaller in actual square footage because of the roof line.
Wynn's request was tabled until the ordinance can be clearly defined. Woodward recommended Wynn have pictures and elevations of the barn he plans to move.
The board took no action regarding the findings of fact pertaining to the Kimm's Food Mart property.
During the July 28 meeting, Kimm Dock's request for two additional free-standing signs was denied by the Warsaw Board of Zoning Appeals members in a unanimous decision.
In general, BZA members consider whether approval of a particular item will be injurious to the public health, safety, morals and general welfare of the community, whether the approval will substantially affect adjacent property in an adverse manner and whether strict application of the ordinance will result in practical difficulties in the use of the property.
The findings of fact note the zoning ordinance allows one freestanding sign per zoned lot; in January 1998 a sign permit for a 120-square-foot sign was issued; and in June 1999, Jerry Kralis received BZA approval to erect a freestanding 100-square-foot sign on the same zoned lot to serve as a common sign for the tenants of North Park Plaza.
Two additional signs on light poles were erected without obtaining permits; the Docks have other alternatives available for additional signage and no evidence was presented that a strict application of the ordinance would result in practical difficulties affecting the Docks' use of the property.
Monday, city councilwoman Trish Brown said, "The whole sign ordinance will be rewritten before the end of the year. This [the findings of fact] will be a moot point."
BZA member Rick Keeven asked if "they" are going to allow the signs, and Brown said, "Yes, they are."
Members of the BZA are Bruce Woodward, Dan Hampton, Alan Clingan, Richard Keevan and Tom Heuer. Trish Brown is the non-voting city council representative. [[In-content Ad]]