Rezoning Approved For Tattoo Parlor/Hair Salon
August 5, 2021 at 12:42 a.m.
Rezoning Approved For Tattoo Parlor/Hair Salon
By David [email protected]
On Wednesday, Mike Vest petitioned the Kosciusko County Area Plan Commission to rezone the ground at 970 N. Lake St. from an industrial II district to a commercial district. The property is on the east side of Lake Street in Wayne Township.
Area Plan Director Dan Richard said the building has been worked on and “they have upgraded the building, the outside facade, and I guess they are working on the inside.”
He said there are physical limitations to the property as the entire building is in a flood hazard area. There is a corner of the property that is classified as wetlands.
Vest told the Plan Commission that he owns Empire Ink in Warsaw and his employees and he decided to make a move so he bought the building. He said along with the tattoo parlor going in there, a state-approved hair salon will be in there. The parking lot will be improved, as will the inside of the building.
Richard reminded him, “It is in the flood zone and there’s certain improvements that have to be made the way that is developed to be compliant with our ordinances for any development within the flood zone.”
Vest said he talked to Assistant Planner Matt Sandy and he understood that everything has to be done within a budget.
Jim Moyer, representing the Kosciusko County Surveyor’s Office, said he was in favor of the rezoning because “I feel, as the building sits now, it’s been empty for quite some time. If we allow the rezoning, and if we allow this business to use this, the value of it will become a little bit greater, which improves the community as a whole. Derelict buildings do not.”
He made a motion to recommend to the Kosciusko County Commissioners that the rezoning be approved and the motion passed 9-0. The rezoning will go before the Commissioners at 9:15 a.m. Aug. 17 in the old county courthouse.
Another petition was from William Bowen to rezone ground from a residential district to an agricultural district. The property is on the north side of CR 850S and zero feet east of CR 600W in Seward Township.
Richard said the property in question is “kind of a transition area” as there’s agricultural land to the north and residential areas near Yellow Creek Lake. He said a lot of the property to be rezoned was low land and swamp land, “physically not suited for residential development if they wanted to. It’s pretty soupy in some spots and some there’s downright water through there.”
Bowen said he wanted to change it to agricultural to have a couple of horses for his grandchildren and he cuts a lot of hay out there. “Right now, we just kind of donate to people who need it,” he said.
Kevin McSherry, Plan Commission member, said he was familiar with the area and an agricultural zoning was the best use for it.
The Commission unanimously approved a motion to recommend to the Kosciusko County Commissioners that the rezoning be approved. It will go before the Commissioners at 9:15 a.m. Aug. 17 in the old county courthouse.
A request by Morris E. and Cynthia L. Jones, 3052 W. Sunset Lane, Silver Lake, to vacate a 140-foot portion of Sunset Lane right of way was denied by the Plan Commission 7-2. It also will go before the Commissioners Aug. 17.
Richard said the right of way is just north of the town of Silver Lake. Just to the south of Jones’ property is platted as Sunset Lane, which “comes out and accesses this larger tract of ground.” The original subdivision was platted in 1977 and “stub” roads were put in for future subdivision growth. That growth hasn’t happened in the last 43 years, as Scott Reust, attorney for the Joneses, pointed out in arguing for the vacation.
Reust also reminded the Plan Commission that back in April, the County Commissioners rezoned property on the west side of the subdivision to agricultural from residential. “After 43, 44 years, it was determined its best use would be agricultural,” he said. “... So now that it’s been zoned agricultural, there’s no need for there to be a road connecting back to that agricultural.”
He said the Jones’ petition to rezone meets all the statutory requirements, they are the owners of the real estate and that the right of way has never been developed, maintained or used by anyone other than Morris and Cynthia Jones.
“The area sought to be vacated is not necessary to the growth of any municipality. It’s not necessary for a person to access land, they go on Dawn Street. It does not eliminate public access to a church, school or club building. It doesn’t hinder use of a public way in any other way because no one else uses it,” Reust said, adding that it also will not deprive anyone of the use of any public or private utility.
They also have letters from the neighbors agreeing to the vacation.
Richard argued against the vacation because of the possibility of housing development sometime down the road. Morris Jones said that was doubtful, but he would be willing to give the vacated right of way back if that should ever happen and he would put that in writing. Two of the Plan Commission members – President Dr. Lee Harman and McSherry – were in favor of approving the vacation on the condition that it be deeded that the vacation be unvacated if a housing development ever went in where the agricultural property is now. Harman made a motion to that effect, but it failed by a vote of 2 to 7. Plan Commission member Mandy Espinoza made a motion to deny the vacation and his motion was approved 7-2.
The Commission also denied 8-1 a request by the Northwinds subdivision Homeowners Association, off CR 100E, to put a sign sideways on an “island” within public right of way.
On Wednesday, Mike Vest petitioned the Kosciusko County Area Plan Commission to rezone the ground at 970 N. Lake St. from an industrial II district to a commercial district. The property is on the east side of Lake Street in Wayne Township.
Area Plan Director Dan Richard said the building has been worked on and “they have upgraded the building, the outside facade, and I guess they are working on the inside.”
He said there are physical limitations to the property as the entire building is in a flood hazard area. There is a corner of the property that is classified as wetlands.
Vest told the Plan Commission that he owns Empire Ink in Warsaw and his employees and he decided to make a move so he bought the building. He said along with the tattoo parlor going in there, a state-approved hair salon will be in there. The parking lot will be improved, as will the inside of the building.
Richard reminded him, “It is in the flood zone and there’s certain improvements that have to be made the way that is developed to be compliant with our ordinances for any development within the flood zone.”
Vest said he talked to Assistant Planner Matt Sandy and he understood that everything has to be done within a budget.
Jim Moyer, representing the Kosciusko County Surveyor’s Office, said he was in favor of the rezoning because “I feel, as the building sits now, it’s been empty for quite some time. If we allow the rezoning, and if we allow this business to use this, the value of it will become a little bit greater, which improves the community as a whole. Derelict buildings do not.”
He made a motion to recommend to the Kosciusko County Commissioners that the rezoning be approved and the motion passed 9-0. The rezoning will go before the Commissioners at 9:15 a.m. Aug. 17 in the old county courthouse.
Another petition was from William Bowen to rezone ground from a residential district to an agricultural district. The property is on the north side of CR 850S and zero feet east of CR 600W in Seward Township.
Richard said the property in question is “kind of a transition area” as there’s agricultural land to the north and residential areas near Yellow Creek Lake. He said a lot of the property to be rezoned was low land and swamp land, “physically not suited for residential development if they wanted to. It’s pretty soupy in some spots and some there’s downright water through there.”
Bowen said he wanted to change it to agricultural to have a couple of horses for his grandchildren and he cuts a lot of hay out there. “Right now, we just kind of donate to people who need it,” he said.
Kevin McSherry, Plan Commission member, said he was familiar with the area and an agricultural zoning was the best use for it.
The Commission unanimously approved a motion to recommend to the Kosciusko County Commissioners that the rezoning be approved. It will go before the Commissioners at 9:15 a.m. Aug. 17 in the old county courthouse.
A request by Morris E. and Cynthia L. Jones, 3052 W. Sunset Lane, Silver Lake, to vacate a 140-foot portion of Sunset Lane right of way was denied by the Plan Commission 7-2. It also will go before the Commissioners Aug. 17.
Richard said the right of way is just north of the town of Silver Lake. Just to the south of Jones’ property is platted as Sunset Lane, which “comes out and accesses this larger tract of ground.” The original subdivision was platted in 1977 and “stub” roads were put in for future subdivision growth. That growth hasn’t happened in the last 43 years, as Scott Reust, attorney for the Joneses, pointed out in arguing for the vacation.
Reust also reminded the Plan Commission that back in April, the County Commissioners rezoned property on the west side of the subdivision to agricultural from residential. “After 43, 44 years, it was determined its best use would be agricultural,” he said. “... So now that it’s been zoned agricultural, there’s no need for there to be a road connecting back to that agricultural.”
He said the Jones’ petition to rezone meets all the statutory requirements, they are the owners of the real estate and that the right of way has never been developed, maintained or used by anyone other than Morris and Cynthia Jones.
“The area sought to be vacated is not necessary to the growth of any municipality. It’s not necessary for a person to access land, they go on Dawn Street. It does not eliminate public access to a church, school or club building. It doesn’t hinder use of a public way in any other way because no one else uses it,” Reust said, adding that it also will not deprive anyone of the use of any public or private utility.
They also have letters from the neighbors agreeing to the vacation.
Richard argued against the vacation because of the possibility of housing development sometime down the road. Morris Jones said that was doubtful, but he would be willing to give the vacated right of way back if that should ever happen and he would put that in writing. Two of the Plan Commission members – President Dr. Lee Harman and McSherry – were in favor of approving the vacation on the condition that it be deeded that the vacation be unvacated if a housing development ever went in where the agricultural property is now. Harman made a motion to that effect, but it failed by a vote of 2 to 7. Plan Commission member Mandy Espinoza made a motion to deny the vacation and his motion was approved 7-2.
The Commission also denied 8-1 a request by the Northwinds subdivision Homeowners Association, off CR 100E, to put a sign sideways on an “island” within public right of way.
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