City, Neighbors Shut Down Garage Furniture Operation
August 29, 2017 at 5:17 p.m.
For the past nine years, Aaron Hooks, 530 Crestlane Drive, Warsaw, has constructed furniture in his garage without issue.
But neighbors’ complaints have shut him down.
On May 5, the Warsaw Planning and Building Department received a call from one of Hooks’ neighbors complaining about the noise and sawdust generated by Hooks’ work.
Monday night, Hooks petitioned the Board of Zoning Appeals for a permit to allow his home occupation in a Residential-1 zoning district. The hearing generated comments from Hooks’ Rolling Hills subdivision neighbors both for and against his petition.
The Zoning Board unanimously voted to deny Hooks’ request to continue his home occupation business.
A home occupation, according to city code, is “an occupation carried on by a member of the family residing on the premises, in conjunction with which no commodity is sold or stock in trade is kept on the premises; no person is employed other than a member of said family; and no sign, other than a nameplate, not exceeding one square foot in area, is displayed, and no change in the external appearance of the building shall be caused thereby, and that no accessory building shall be used for such home occupation.”
Assistant City Planner Justin Taylor told the board Hooks’ business consists of using his garage to build furniture and then selling it online on etsy.com. Hooks’ business primarily operates during summer months and during normal business hours Monday through Saturday, 8 a.m. to 4 p.m. Items are shipped and delivered “so there should not be additional traffic generated as a result of this occupation.”
Since the May 5 complaint, Taylor said Hooks took steps to mitigate the concerns raised. Based on the information provided, Taylor said the planning department’s opinion was that the case “could be viewed favorably.”
Board member Tammy Dalton asked Taylor if the May 5 call was the first complaint about the business the city had received in the nine years Hooks operated his business. Taylor said it’s the first one that he’s aware of and the only one on file. He also pointed out that the planning department received two letters from Rolling Hills residents supporting Hooks, one from Tracy and Matt Koontz and the other from Jon R. Shively.
“After hearing the complaint and learning about the violation, I’ve taken steps to close the business until hearing from the outcome of this appeal, and so I have not taken any new orders but have been just completing the orders that I had,” Hooks said.
He has taken full-time employment with Manchester Jr.-Sr. High School so that explains his change in operations to primarily making the furniture in the summer and potentially some weekend work, Hooks said.
As for his business setting a precedent for other businesses coming into Rolling Hills, Hooks said it was his understanding that the BZA would rule on those individually.
He said his business is primarily through etsy.com, he doesn’t have a retail store and some of his neighbors have purchased furniture from him. He makes custom orders, and he doesn’t have an additional building, no outside storage and no sign. Over the past 12 months, he said he averaged two orders per month, which would be significantly reduced in the future.
Board President Tom Allen asked Hooks if his business has grown over the last nine years. Hooks said it’s grown, but it’s been a gradual increase and he wasn’t looking to increase his business.
Neighbor Dale Long said he supported whatever Hooks wanted to do, while Tracy Koontz said you wouldn’t know he’s even in business at his home and he’s a great neighbor.
Andy Cochran, 522 Crestlane, said he didn’t even know Hooks had a business at his home until recently. “If those exceptions are granted, I don’t see how it would be different from anybody else doing anything in their own garage,” Cochran said.
Cynthia Gerding, 523 Crestlane, said Hooks doesn’t make much noise at all, and “I think it’s wonderful that he works in his home doing the talent that he loves and I think he should have the variance,” she said.
The first neighbor to speak against Hooks was James Jones. “For many years I wanted to move into Rolling Hills. It’s a very established, I could say upscale, neighborhood. There’s 3, $400,000 houses in there. Just hearing the word ‘business’ in our neighborhood is scary enough. I can’t imagine that we’re going to be looking at granting a variance to allow someone to have a business up in Rolling Hills. I would think that most people would think that would never, ever happen,” Jones said.
Greg Miller said that while Hooks was a craftsman, his work has gone from a hobby to a more full-fledged industrial business. Miller said the state attorney general’s office reported the Hooks have an income of nearly $100,000 a year from the business. “That is not a minor business, that is not small potatoes,” he said.
“My primary concern is fire and safety hazards. Sawdust is very combustible,”?he said. Miller also said he had his home up for sale, but once the buyers learned about Hooks’ business, they backed out of the deal because they “wouldn’t spend money in a deteriorating neighborhood.”
Jane Orban and her husband, Rick, also spoke out against Hooks’ business, saying it would hurt their property value and it wasn’t safe. Rick added noise from the business was a problem and he didn’t see why he had to deal with it.
Also speaking out against Hooks’ petition were Bill Baldwin, Elim and Karyl Smith.
Allen told everyone that R-1 is the most restrictive zoning in the city and running a business in an R-1 is not allowed. The board has only approved “very domesticated home businesses” that have no effect on neighbors, and said safety is an important concern.
Dalton said she hated to deny anyone their livelihood. Board member Dan Smith made the motion to deny the petition, which was unanimously approved.
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For the past nine years, Aaron Hooks, 530 Crestlane Drive, Warsaw, has constructed furniture in his garage without issue.
But neighbors’ complaints have shut him down.
On May 5, the Warsaw Planning and Building Department received a call from one of Hooks’ neighbors complaining about the noise and sawdust generated by Hooks’ work.
Monday night, Hooks petitioned the Board of Zoning Appeals for a permit to allow his home occupation in a Residential-1 zoning district. The hearing generated comments from Hooks’ Rolling Hills subdivision neighbors both for and against his petition.
The Zoning Board unanimously voted to deny Hooks’ request to continue his home occupation business.
A home occupation, according to city code, is “an occupation carried on by a member of the family residing on the premises, in conjunction with which no commodity is sold or stock in trade is kept on the premises; no person is employed other than a member of said family; and no sign, other than a nameplate, not exceeding one square foot in area, is displayed, and no change in the external appearance of the building shall be caused thereby, and that no accessory building shall be used for such home occupation.”
Assistant City Planner Justin Taylor told the board Hooks’ business consists of using his garage to build furniture and then selling it online on etsy.com. Hooks’ business primarily operates during summer months and during normal business hours Monday through Saturday, 8 a.m. to 4 p.m. Items are shipped and delivered “so there should not be additional traffic generated as a result of this occupation.”
Since the May 5 complaint, Taylor said Hooks took steps to mitigate the concerns raised. Based on the information provided, Taylor said the planning department’s opinion was that the case “could be viewed favorably.”
Board member Tammy Dalton asked Taylor if the May 5 call was the first complaint about the business the city had received in the nine years Hooks operated his business. Taylor said it’s the first one that he’s aware of and the only one on file. He also pointed out that the planning department received two letters from Rolling Hills residents supporting Hooks, one from Tracy and Matt Koontz and the other from Jon R. Shively.
“After hearing the complaint and learning about the violation, I’ve taken steps to close the business until hearing from the outcome of this appeal, and so I have not taken any new orders but have been just completing the orders that I had,” Hooks said.
He has taken full-time employment with Manchester Jr.-Sr. High School so that explains his change in operations to primarily making the furniture in the summer and potentially some weekend work, Hooks said.
As for his business setting a precedent for other businesses coming into Rolling Hills, Hooks said it was his understanding that the BZA would rule on those individually.
He said his business is primarily through etsy.com, he doesn’t have a retail store and some of his neighbors have purchased furniture from him. He makes custom orders, and he doesn’t have an additional building, no outside storage and no sign. Over the past 12 months, he said he averaged two orders per month, which would be significantly reduced in the future.
Board President Tom Allen asked Hooks if his business has grown over the last nine years. Hooks said it’s grown, but it’s been a gradual increase and he wasn’t looking to increase his business.
Neighbor Dale Long said he supported whatever Hooks wanted to do, while Tracy Koontz said you wouldn’t know he’s even in business at his home and he’s a great neighbor.
Andy Cochran, 522 Crestlane, said he didn’t even know Hooks had a business at his home until recently. “If those exceptions are granted, I don’t see how it would be different from anybody else doing anything in their own garage,” Cochran said.
Cynthia Gerding, 523 Crestlane, said Hooks doesn’t make much noise at all, and “I think it’s wonderful that he works in his home doing the talent that he loves and I think he should have the variance,” she said.
The first neighbor to speak against Hooks was James Jones. “For many years I wanted to move into Rolling Hills. It’s a very established, I could say upscale, neighborhood. There’s 3, $400,000 houses in there. Just hearing the word ‘business’ in our neighborhood is scary enough. I can’t imagine that we’re going to be looking at granting a variance to allow someone to have a business up in Rolling Hills. I would think that most people would think that would never, ever happen,” Jones said.
Greg Miller said that while Hooks was a craftsman, his work has gone from a hobby to a more full-fledged industrial business. Miller said the state attorney general’s office reported the Hooks have an income of nearly $100,000 a year from the business. “That is not a minor business, that is not small potatoes,” he said.
“My primary concern is fire and safety hazards. Sawdust is very combustible,”?he said. Miller also said he had his home up for sale, but once the buyers learned about Hooks’ business, they backed out of the deal because they “wouldn’t spend money in a deteriorating neighborhood.”
Jane Orban and her husband, Rick, also spoke out against Hooks’ business, saying it would hurt their property value and it wasn’t safe. Rick added noise from the business was a problem and he didn’t see why he had to deal with it.
Also speaking out against Hooks’ petition were Bill Baldwin, Elim and Karyl Smith.
Allen told everyone that R-1 is the most restrictive zoning in the city and running a business in an R-1 is not allowed. The board has only approved “very domesticated home businesses” that have no effect on neighbors, and said safety is an important concern.
Dalton said she hated to deny anyone their livelihood. Board member Dan Smith made the motion to deny the petition, which was unanimously approved.