Zoners Approve Three Variances

May 23, 2017 at 4:47 p.m.


Petitioners representing a church, car dealership and a carpet care business all had their variances approved by the Warsaw Board of Zoning Appeals Monday night.

New Horizon Community Church requested a variance of use to allow a church in a Commercial-2 zoning district at 601 E. Smith St.

Assistant Planner Justin Taylor said that while churches are not permitted in a C-2, “the characteristics of a C-2 zoning district tend to be conducive to this type of use.” The congregation is relatively small, with about 30 to 35 members, and the expected number of vehicles at each service is around 15.

“The petitioner mentioned that this is the first step in the process of relocating their congregation. They intend to make sure that the building complies with the applicable codes for the requested use including means of egress for fire safety,” Taylor stated.

Based on the information, Taylor recommended the board could grant approval for the variance.

Dan Smith, BZA member, asked if the congregation goes to exceed whatever the parking lot holds, is there a place for overflow parking? Taylor said he didn’t ask the petitioner about that, but if congregation members parked off-site, they’d have to get permission. Tammy Dalton, board member, said there were some parking spaces within walking distances near the channel.

Joseph Gough, representing the church, said there was ample parking in the lot, but New Horizon would be open to having multiple services if need be. Also, he said the building wasn’t that large so the church couldn’t have that many people in it to begin with.

Previously, Gough said the church has been meeting at the Tourmaline Event Space in Warsaw.

Board Vice President Rick Keeven asked if any modifications to the building were planned. To meet code requirements, Gough said they had to make some changes to the building, but the church could use it with those minor modifications.

With no remonstrators, the BZA approved the variance 3-0 with Dalton abstaining due to a conflict of interest.

The second request for a variance of use was to allow auto sales in a C-2 zoning district at 1051 E. Winona Ave. Petitioners were Sam and Beverly Brown.

Taylor said automotive sales are only permitted in C-3 and C-5 zoning districts.

“The property has historically been used for auto sales. When the current owners purchased the property in 1995, the property was used for automotive sales. They continued to use the site in this capacity until renting the property and moving their business elsewhere. They now wish to reassume using this location for automotive sales,” Taylor said.

He recommended the board could approve the variance.

Beverly Brown told the board it’s always been an auto sales there, except for a few years when Globe Star used it as an office.

With no remonstrators, the variance request was approved 4-0.

Last on the board’s agenda was a variance from development standards for Rob’s Carpet Care in a Commercial-3 zoning district at 220 N. Parker St.

Taylor told the board the petitioner, Rob Edling, was requesting a variance to allow more than one freestanding sign in a C-3 zoning district. The lot where the petitioner operates his business is a corner lot so they are permitted to have a sign along both roads.

“The reason this case has been brought before the board is because the petitioner wishes to place his sign on the same frontage as the existing sign,” Taylor said.

The existing freestanding sign is 32 square feet, and the sign that Edling is requesting is a 7.5-square-foot aluminum sign with a steel angle iron frame. The total square footage for both signs would be well within the permitted square footage per the ordinance, Taylor explained.

He said while he was outside measuring the existing freestanding sign, he noticed a non-permitted banner sign attached to a gate.

“I would recommend that the board could reasonably provide a positive finding of fact for this variance, but add a stipulation that the petitioner seek a temporary sign permit or remove his nonconforming sign,” Taylor said.

Edling said he rents space in the back of that building so his clients don’t know where to enter to drop off area rugs and furniture. He needs a sign out there so his clients can see from the road to be directed to the back where his business is at. He said it will be just a small double-sided sign.

Keeven asked why he couldn’t just have one combined sign for that instead of two. Edling said, “Their sign that they have, it’s everybody they have in that front part. It’s completely full.”

With no remonstrators, the board unanimously approved the request 4-0.

Petitioners representing a church, car dealership and a carpet care business all had their variances approved by the Warsaw Board of Zoning Appeals Monday night.

New Horizon Community Church requested a variance of use to allow a church in a Commercial-2 zoning district at 601 E. Smith St.

Assistant Planner Justin Taylor said that while churches are not permitted in a C-2, “the characteristics of a C-2 zoning district tend to be conducive to this type of use.” The congregation is relatively small, with about 30 to 35 members, and the expected number of vehicles at each service is around 15.

“The petitioner mentioned that this is the first step in the process of relocating their congregation. They intend to make sure that the building complies with the applicable codes for the requested use including means of egress for fire safety,” Taylor stated.

Based on the information, Taylor recommended the board could grant approval for the variance.

Dan Smith, BZA member, asked if the congregation goes to exceed whatever the parking lot holds, is there a place for overflow parking? Taylor said he didn’t ask the petitioner about that, but if congregation members parked off-site, they’d have to get permission. Tammy Dalton, board member, said there were some parking spaces within walking distances near the channel.

Joseph Gough, representing the church, said there was ample parking in the lot, but New Horizon would be open to having multiple services if need be. Also, he said the building wasn’t that large so the church couldn’t have that many people in it to begin with.

Previously, Gough said the church has been meeting at the Tourmaline Event Space in Warsaw.

Board Vice President Rick Keeven asked if any modifications to the building were planned. To meet code requirements, Gough said they had to make some changes to the building, but the church could use it with those minor modifications.

With no remonstrators, the BZA approved the variance 3-0 with Dalton abstaining due to a conflict of interest.

The second request for a variance of use was to allow auto sales in a C-2 zoning district at 1051 E. Winona Ave. Petitioners were Sam and Beverly Brown.

Taylor said automotive sales are only permitted in C-3 and C-5 zoning districts.

“The property has historically been used for auto sales. When the current owners purchased the property in 1995, the property was used for automotive sales. They continued to use the site in this capacity until renting the property and moving their business elsewhere. They now wish to reassume using this location for automotive sales,” Taylor said.

He recommended the board could approve the variance.

Beverly Brown told the board it’s always been an auto sales there, except for a few years when Globe Star used it as an office.

With no remonstrators, the variance request was approved 4-0.

Last on the board’s agenda was a variance from development standards for Rob’s Carpet Care in a Commercial-3 zoning district at 220 N. Parker St.

Taylor told the board the petitioner, Rob Edling, was requesting a variance to allow more than one freestanding sign in a C-3 zoning district. The lot where the petitioner operates his business is a corner lot so they are permitted to have a sign along both roads.

“The reason this case has been brought before the board is because the petitioner wishes to place his sign on the same frontage as the existing sign,” Taylor said.

The existing freestanding sign is 32 square feet, and the sign that Edling is requesting is a 7.5-square-foot aluminum sign with a steel angle iron frame. The total square footage for both signs would be well within the permitted square footage per the ordinance, Taylor explained.

He said while he was outside measuring the existing freestanding sign, he noticed a non-permitted banner sign attached to a gate.

“I would recommend that the board could reasonably provide a positive finding of fact for this variance, but add a stipulation that the petitioner seek a temporary sign permit or remove his nonconforming sign,” Taylor said.

Edling said he rents space in the back of that building so his clients don’t know where to enter to drop off area rugs and furniture. He needs a sign out there so his clients can see from the road to be directed to the back where his business is at. He said it will be just a small double-sided sign.

Keeven asked why he couldn’t just have one combined sign for that instead of two. Edling said, “Their sign that they have, it’s everybody they have in that front part. It’s completely full.”

With no remonstrators, the board unanimously approved the request 4-0.
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