Warsaw BZA Approves Three Variances
July 28, 2020 at 1:00 a.m.
By David [email protected]
Bruce A. Woodward Trust requested a variance from development standards to allow a sign to be placed with a zero-foot setback from the property line in a Commercial District. Existing regulations requires a 10-foot setback.
The property is at 1128 E. Winona Ave., Warsaw.
According to Assistant City Planner Jonny Latsko, the petitioner plans to move the existing sign 46 feet east of the current location and maintain the existing setback. This change “would not dramatically change vision clearance for drivers,” Latsko said.
The corridor is zoned for commercial use, with some legal nonconforming residential buildings present west of the property. Buildings along the corridor are generally built very close to the property line –including some with zero-foot setbacks. Many of the existing signs within the corridor are closer to the front property line than 10 feet.
Latsko said the approval “will not be injurious to the public health, safety, morals and general welfare of the community. The use and value of the adjacent properties will not be negatively affected. The strict application of the terms of the zoning ordinance will result in practical difficulties.” He recommended the board approve the variance and the petitioner be permitted to place a sign closer to the front setback than 10 feet.
Woodward said, “What I’m looking to do is move the existing sign 46 feet to the east because I put in new sidewalks for pedestrian safety. East Winona Avenue does have quite bit of traffic. East Winona Avenue is quite a bit wider than it used to be – all the parking was removed from the front of this building a number of years ago to allow for a left-turn lane for the trucks to get to the truck route. So what we’ve done is we’ve put in a new private sidewalk against the building. The sign was too wide to fit at that location because it would go over the property line by a foot, so what I’m looking to do is move the sign 46 feet to the east where it is not interfering with the sidewalk pedestrian safety and visibility from the parking lot.”
In the second case, Sandra Del Pilar Foreman requested a use variance to allow a home occupation in a Residential-1 district. The property is at 119 E. Baker St., Warsaw.
The home occupation will include beauty services indoors, primarily hair styling and dying as well as some nail work. The only individual working would be the petitioner with no additional employees.
Foreman has estimated two to six clients per day, depending on the services provided. Hours of operation would generally be within the normal working day Tuesday through Friday, as well as Saturday predominantly in the mornings. She would have clients park in the driveway of the house.
The neighborhood is mostly residential. On the east side of the neighborhood is Weed Septic Tank Services at 504 E. Baker St. “Because of the existing traffic from the business, as well as the lower number of clients,” Foreman’s home occupation would “generate negligible additional traffic,” Latsko said.
He recommended the use variance to permit the home occupation be approved.
Foreman said she is a single mother of two and it would be best if she could work from home so she also could take care of her children.
In the final case, Lillian Fleming requested a variance from development standards to allow two accessory structures on a lot with no primary structure. The property is at 105 Gilliam Drive, Warsaw.
If granted a variance, the petitioner intends to build a 10-foot-by-12-foot shed near the tree line and the lake as well as a 12-foot-by-12-foot pergola near the lake. The shed would be used primarily for personal paddle board and kayak storage, according to Fleming. No driveway would be built.
The ordinance does not allow the erection and operation of accessory structures prior to the principal use. It does, however, provide for operation of accessory structures maintained under the same ownership of an adjoining lot providing a restrictive covenant is provided requiring the adjoining lots will not be sold separately.
The neighborhood is characterized by lake houses. The property east of the undeveloped lot is owned by the Kosciusko County Soil and Water Conservation District. This property is particularly unique in the comprehensive plan as it is in an area marked for conservation. Conservation Classification does not remove development rights, but encourages land uses that protect existing environmental features and promote recreation. The proposed structure both minimizes potential environmental impact and promotes a recreational focus for the land.
The recommendation from the planning department was that the variance be approved and that Fleming be permitted to build two accessory structures on a lot with no principle structure.
Bruce A. Woodward Trust requested a variance from development standards to allow a sign to be placed with a zero-foot setback from the property line in a Commercial District. Existing regulations requires a 10-foot setback.
The property is at 1128 E. Winona Ave., Warsaw.
According to Assistant City Planner Jonny Latsko, the petitioner plans to move the existing sign 46 feet east of the current location and maintain the existing setback. This change “would not dramatically change vision clearance for drivers,” Latsko said.
The corridor is zoned for commercial use, with some legal nonconforming residential buildings present west of the property. Buildings along the corridor are generally built very close to the property line –including some with zero-foot setbacks. Many of the existing signs within the corridor are closer to the front property line than 10 feet.
Latsko said the approval “will not be injurious to the public health, safety, morals and general welfare of the community. The use and value of the adjacent properties will not be negatively affected. The strict application of the terms of the zoning ordinance will result in practical difficulties.” He recommended the board approve the variance and the petitioner be permitted to place a sign closer to the front setback than 10 feet.
Woodward said, “What I’m looking to do is move the existing sign 46 feet to the east because I put in new sidewalks for pedestrian safety. East Winona Avenue does have quite bit of traffic. East Winona Avenue is quite a bit wider than it used to be – all the parking was removed from the front of this building a number of years ago to allow for a left-turn lane for the trucks to get to the truck route. So what we’ve done is we’ve put in a new private sidewalk against the building. The sign was too wide to fit at that location because it would go over the property line by a foot, so what I’m looking to do is move the sign 46 feet to the east where it is not interfering with the sidewalk pedestrian safety and visibility from the parking lot.”
In the second case, Sandra Del Pilar Foreman requested a use variance to allow a home occupation in a Residential-1 district. The property is at 119 E. Baker St., Warsaw.
The home occupation will include beauty services indoors, primarily hair styling and dying as well as some nail work. The only individual working would be the petitioner with no additional employees.
Foreman has estimated two to six clients per day, depending on the services provided. Hours of operation would generally be within the normal working day Tuesday through Friday, as well as Saturday predominantly in the mornings. She would have clients park in the driveway of the house.
The neighborhood is mostly residential. On the east side of the neighborhood is Weed Septic Tank Services at 504 E. Baker St. “Because of the existing traffic from the business, as well as the lower number of clients,” Foreman’s home occupation would “generate negligible additional traffic,” Latsko said.
He recommended the use variance to permit the home occupation be approved.
Foreman said she is a single mother of two and it would be best if she could work from home so she also could take care of her children.
In the final case, Lillian Fleming requested a variance from development standards to allow two accessory structures on a lot with no primary structure. The property is at 105 Gilliam Drive, Warsaw.
If granted a variance, the petitioner intends to build a 10-foot-by-12-foot shed near the tree line and the lake as well as a 12-foot-by-12-foot pergola near the lake. The shed would be used primarily for personal paddle board and kayak storage, according to Fleming. No driveway would be built.
The ordinance does not allow the erection and operation of accessory structures prior to the principal use. It does, however, provide for operation of accessory structures maintained under the same ownership of an adjoining lot providing a restrictive covenant is provided requiring the adjoining lots will not be sold separately.
The neighborhood is characterized by lake houses. The property east of the undeveloped lot is owned by the Kosciusko County Soil and Water Conservation District. This property is particularly unique in the comprehensive plan as it is in an area marked for conservation. Conservation Classification does not remove development rights, but encourages land uses that protect existing environmental features and promote recreation. The proposed structure both minimizes potential environmental impact and promotes a recreational focus for the land.
The recommendation from the planning department was that the variance be approved and that Fleming be permitted to build two accessory structures on a lot with no principle structure.
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