Zoners Reject Variance
July 28, 2016 at 4:25 p.m.
The Warsaw Board of Zoning Appeals rejected a request for a use variance Monday that would have permitted the construction of a 50-unit retirement facility.
The petition by Retirement Management Inc., of Carmel, sought authorization to build the facility on a three-acre tract at 1849 Springhill Road.
According to Rick Helm, the attorney representing RMI, the use variance was sought to protect the adjoining property owners in the Springhill Acres subdivision from the possibility of other high-intensity uses if a rezoning to multi-family residential was obtained.
"By requesting a use variance, this board can stipulate that only this facility is permitted and no other uses outside of those permitted by the single family zoning would be," Helm said. "We'd be opening a Pandora's box if we went that way."
The property is behind the Warsaw Missionary Church, which would grant an easement to RMI for the use of their driveway to access the facility, so no other entrances would be required, he added.
Marvin Stutzman, chairman of the church's membership committee, said the church was very supportive of the proposed facility and urged the board to approve the variance petition.
"This project has 100 percent support of the church and the congregation," Stutzman said.
According to the site plan proposed by Larry Long, of Larry Long & Associates and submitted by RMI, the development would have included two detention ponds, actually improving the drainage in the area.
"The site will actually drain faster even with the facility there," Helm said.
Those assurances notwithstanding, approximately 20 residents of the Springhill Acres subdivision were on hand to protest the variance request.
Bob Cathcart, 1624 Springhill Road, said he bought his home with the understanding that only other single-family homes would be included, if it had to be developed at all.
"I have a couple of concerns," he said. "One would be the proper use of the land. Right now, the area is used as a corridor for wildlife - deer pass through there all the time.
"I bought my property two years ago on the assumption that that if it was to be developed, it would be for R-1 use only," he said.
Peggy Burnett, 1627 Springhill Road, said she was concerned about the increased traffic the proposed facility would bring, since residents frequently walk and ride bicycles along the road.
"I'm concerned because we do have a dead-end street and it's not suitable for a lot of additional traffic," she said.
William Dalton, 1702 Springhill Road, read a letter from another Springhill Acres resident, attorney Jim Walmer, who also opposed the retirement center.
"The proposed use is not consistent with the single family zoning that is adjacent to the church property," Walmer's letter said. "It is roughly 10 times greater in use than what is allowed now.
"Additionally, the detention ponds, as proposed, would provide an attractive nuisance for area children."
Helm responded to Walmer's assertion, saying that neither he nor Walmer was qualified to make estimates of how the proposed variance would affect the area.
"Jim Walmer and I went to the same engineering school - none," he said. "What I've heard tonight is nothing more than the principle of NIMBY (not in my back yard)."
Board President Richard Keeven said he concurred with Helm's assessment.
"I've been on this board for 10 years and there are two things that have always come from Springhill Acres - there's a problem with water drainage and they don't want to have anything other than farm life by them," he said.
Despite his concurrence, Keeven voted with other BZA members to deny the petition.
In other business, the board approved a variance request by Ed Deweese, 1501 E. Clark St., to construct a front porch on the home that did not meet the 20-foot front yard setback requirement.
The board also approved a use variance by Chris Sanchez of VSP-TV for 221 N. Washington St. to allow the video production studio to be operated at that location. [[In-content Ad]]
The Warsaw Board of Zoning Appeals rejected a request for a use variance Monday that would have permitted the construction of a 50-unit retirement facility.
The petition by Retirement Management Inc., of Carmel, sought authorization to build the facility on a three-acre tract at 1849 Springhill Road.
According to Rick Helm, the attorney representing RMI, the use variance was sought to protect the adjoining property owners in the Springhill Acres subdivision from the possibility of other high-intensity uses if a rezoning to multi-family residential was obtained.
"By requesting a use variance, this board can stipulate that only this facility is permitted and no other uses outside of those permitted by the single family zoning would be," Helm said. "We'd be opening a Pandora's box if we went that way."
The property is behind the Warsaw Missionary Church, which would grant an easement to RMI for the use of their driveway to access the facility, so no other entrances would be required, he added.
Marvin Stutzman, chairman of the church's membership committee, said the church was very supportive of the proposed facility and urged the board to approve the variance petition.
"This project has 100 percent support of the church and the congregation," Stutzman said.
According to the site plan proposed by Larry Long, of Larry Long & Associates and submitted by RMI, the development would have included two detention ponds, actually improving the drainage in the area.
"The site will actually drain faster even with the facility there," Helm said.
Those assurances notwithstanding, approximately 20 residents of the Springhill Acres subdivision were on hand to protest the variance request.
Bob Cathcart, 1624 Springhill Road, said he bought his home with the understanding that only other single-family homes would be included, if it had to be developed at all.
"I have a couple of concerns," he said. "One would be the proper use of the land. Right now, the area is used as a corridor for wildlife - deer pass through there all the time.
"I bought my property two years ago on the assumption that that if it was to be developed, it would be for R-1 use only," he said.
Peggy Burnett, 1627 Springhill Road, said she was concerned about the increased traffic the proposed facility would bring, since residents frequently walk and ride bicycles along the road.
"I'm concerned because we do have a dead-end street and it's not suitable for a lot of additional traffic," she said.
William Dalton, 1702 Springhill Road, read a letter from another Springhill Acres resident, attorney Jim Walmer, who also opposed the retirement center.
"The proposed use is not consistent with the single family zoning that is adjacent to the church property," Walmer's letter said. "It is roughly 10 times greater in use than what is allowed now.
"Additionally, the detention ponds, as proposed, would provide an attractive nuisance for area children."
Helm responded to Walmer's assertion, saying that neither he nor Walmer was qualified to make estimates of how the proposed variance would affect the area.
"Jim Walmer and I went to the same engineering school - none," he said. "What I've heard tonight is nothing more than the principle of NIMBY (not in my back yard)."
Board President Richard Keeven said he concurred with Helm's assessment.
"I've been on this board for 10 years and there are two things that have always come from Springhill Acres - there's a problem with water drainage and they don't want to have anything other than farm life by them," he said.
Despite his concurrence, Keeven voted with other BZA members to deny the petition.
In other business, the board approved a variance request by Ed Deweese, 1501 E. Clark St., to construct a front porch on the home that did not meet the 20-foot front yard setback requirement.
The board also approved a use variance by Chris Sanchez of VSP-TV for 221 N. Washington St. to allow the video production studio to be operated at that location. [[In-content Ad]]