Since the Warsaw Planning Department couldn’t find any record of an approved use variance in a Residential-1 zoning district involving on-premise sales, the Board of Zoning Appeals denied Jennifer Cullins’ petition Monday night.

It also didn’t help Cullins’ case that several neighbors spoke out against her plans.

Her petition for a use variance to allow retail sales in an R-1 zoning district was the sole business before the BZA.

Assistant Planner Justin Taylor told the board that Cullins wanted to refurbish antique furniture and sell it on her property. She wanted to have a small hand-painted sign and display items in her driveway to attract potential customers at 1819 Fisher Ave.

“R-1 zoning districts in the city of Warsaw are the most restrictive of the residential districts. These districts include low-density single-family residential areas and open areas where similar residential developments are likely to occur. The intent of R-1 districts is to provide an environment for predominantly low-density single-family development with certain additional uses such as schools, parks and other public uses, which serve the residents living in the area,” Taylor said.

He said retail sales in an R-1 zoning district historically have been frowned upon by the BZA.

“I was unable to locate a single approved use variance in an R-1 zoning district that involved on-premise sales. There were, however, several approvals for home occupations involving repair services,” Taylor said. “Based on the information provided, the findings of fact, it is the opinion of the planning department that retail sales would have a negative impact on an R-1 zoning district.”

Cullins told the board she would like to open up a home decor/furniture refurbishing small business out of her garage. “My intent is to go to estate sales and go to certain things and buy and sell,” she said.

The first neighbor to speak against Cullins’ plans was Greg White, 1823 Fisher Ave., whose property borders Cullins’ to the south. He said he’s lived there 24 years and has tried to maintain and improve his property with the goal of someday retiring and selling it for more than he bought it for. He said he believed that Cullins’ business next door to his property would hurt its value.

“I’m already competing with State Road 15 that goes through my front yard, which is an incredibly dangerous road ... and I believe it would be a huge safety risk. That and Wayne Township’s taxes also are the big things that are hurting me right now,” White said.

Larry Hanes, 1815 Fisher Ave., lives to the north of Cullins and he said he could touch her garage as it’s that close.

“I am totally against it, and I told Jennifer when she brought me the paperwork that I was going to be here and I would fight her the whole way. And I meant it, and she is well aware of it. She hasn’t adequate parking. I don’t think she’s thought this through at all as far as snow removal,” Hanes said.

If the BZA did approve it for some reason, he said he wanted a privacy fence all around her property so the neighbors didn’t have to look at it.

A letter from Dorothy E. Clemmer, 1820 Short Ridge Drive, said she was not in favor of the variance. Clemmer’s concerns included difficulty coming and going from the residence, inadequate parking at the house, signage and loss of property value.

“Though perhaps outside the scope of this public hearing, I would encourage the resident to obtain a regular job or pursue a home occupation that does not require obtaining a variance (perhaps computer work/website design, stuffing envelopes, etc.),” Clemmer’s letter stated in part.

BZA Vice President Rick Keeven said, “Historically, when we give an exception, it’s totally something that’s indoors that no one would ever know there’s anything there. In this case, we’re talking about garage door open, furniture out in the driveway. It’s kind of public in its appearance.”

Cullins clarified that she wouldn’t have a lot of furniture in the driveway, just a sign and one item to alert people where her business was located.

Tom Allen, board president, responded, “Jennifer, I think it’s safe to say that in the history that I’ve been on this board, we don’t approve a business of any type in an R-1. That’s just the way it operates. ... We just don’t allow it. And it’s primarly to protect the homeowner itself, all homeowners, not just one.”

Taylor said the planning department couldn’t locate any retail sales in an R-1 zoning district. Keeven said that, combined with the neighbors’ objections, meant Cullins’ petition “failed all the tests.”

Keeven made a motion to deny Cullins’ petition and the motion was unanimously approved.