BZA Denies Request For Multi-Family Dwelling In Commercial District

May 11, 2022 at 12:09 a.m.

By Lauren Zeugner-

After hearing from several remonstrators, the Kosciusko County Board of Zoning voted to deny a request for an exception to allow a multi-family dwelling in a commercial district in Claypool during its regular meeting Tuesday.

Attorney Steve Snyder, representing 107 Main St., LLC, explained the property was in the process of changing ownership from E+G Hurt to his client. The new owner proposed converting a long, narrow building on Main Street in Claypool into two small apartments with five parking spaces in the back.

After some discussion regarding whether five parking spaces would fit behind the building, William Rayburn, who owns the two properties north of the building, expressed concern about parking, saying parking was an issue in that part of town. The alley is not paved and he often finds people have parked on the concrete pad on his lot immediately to the north of the building in question.

Kenneth Archer, who owns the restaurant across the street, noted the only drainage in the area was a manhole located behind the old bank. He told the BZA that residents are not using off-street parking, their part on Main Street or the concrete pad on the lot owned by Rayburn.

Jaime Archer, Kenneth's wife, told the Board she keeps hearing about "affordable" housing and noted the apartments in the neighborhood do not offer monthly leases, but weekly rent and are not designed for families.

"A $300-a-week apartment isn't helping the town of Claypool," she said.

Ben Stage, president of the Claypool Town Council, told the BZA he is against changing the zoning from commercial to multi-family.

"I don't feel, as town council president, that we need more apartments downtown," he said, noting the town needs more business.

Stage also told the BZA two-thirds of the town council agreed with him. Dan Richards, plan commission director, reported he did receive a phone call from another councilman who stated Stage was speaking for him as well.

Snyder noted the intention was to level the incline at the back of the property to allow parking. He also noted leases would prohibit any illegal drug use.

After learning who exactly is the president of 107 Main St. LLC, Ron Robinson voted to deny the request for the exception with Charlotte Siegfield providing the second. Lee Harman, president of the BZA, explained the individual in question has made promises to the BZA in the past, but did not follow through with them.

Richards noted a lot of information is missing from the presentation. After expressing concerns about the parking, possible drainage issues and the fact two small apartments won't accomplish much, the BZA voted to deny the request.

Frank Levinson, of Leesburg, came before the BZA requesting a variance that would allow six principle Industrial II uses when the ordinance allows only one. Levinson and his wife purchased property on Ind. 15 in Leesburg and hoped to transform it into a mini business incubator.

After purchasing the property, the Levinsons have been approached by several businesses about using the property. One business will convert buses from gas to electric engines. This business will use the main building with a staging area in the back.

Other businesses will use the second and third buildings, both of which are split in half by a wall. Levinson explained how common space on the property will not be used for permanent parking or storage. A large fenced-in area will be used for RV and boat storage. The main building will be painted and a screen of trees will be planted along the fence line facing Ind. 15.

Sally Bailey, whose family owns property surrounding the Levinsons, asked some questions. Levinson explained he plans to put in a new security gate that the businesses will have access to, he has also repaired the fence in a few areas. The staging area for the buses will be toward the back of the property and not visible from the road.

The Board approved the request for a variance.

The Board approved a request from Mari Sanders to construct a 10-foot by 16-foot shed 7 feet from the road in Tippecanoe Township.

The Board also approved a request from Gregory and Kathy Pysh to construct a new residence on Big Chapman Lake. The couple intends to raze their home and replace it with a smaller, three-story home.

Several cases were continued to the June 14 meeting for a variety of reasons, including:

• Timothy Towne, who is seeking a variance to construct a 6-foot by 7-foot addition 23 feet from the water's edge in Tippecanoe Township.

• Ryan Stuckman, who is seeking a variance for two properties with mobile homes on them.

• Javier Ivan Gonzalez who is seeking an exception to allow RV storage in an agricultural district.

• Indiana North District Wesleyan Church which is seeking a variance to reduce the number of required parking spaces.

After hearing from several remonstrators, the Kosciusko County Board of Zoning voted to deny a request for an exception to allow a multi-family dwelling in a commercial district in Claypool during its regular meeting Tuesday.

Attorney Steve Snyder, representing 107 Main St., LLC, explained the property was in the process of changing ownership from E+G Hurt to his client. The new owner proposed converting a long, narrow building on Main Street in Claypool into two small apartments with five parking spaces in the back.

After some discussion regarding whether five parking spaces would fit behind the building, William Rayburn, who owns the two properties north of the building, expressed concern about parking, saying parking was an issue in that part of town. The alley is not paved and he often finds people have parked on the concrete pad on his lot immediately to the north of the building in question.

Kenneth Archer, who owns the restaurant across the street, noted the only drainage in the area was a manhole located behind the old bank. He told the BZA that residents are not using off-street parking, their part on Main Street or the concrete pad on the lot owned by Rayburn.

Jaime Archer, Kenneth's wife, told the Board she keeps hearing about "affordable" housing and noted the apartments in the neighborhood do not offer monthly leases, but weekly rent and are not designed for families.

"A $300-a-week apartment isn't helping the town of Claypool," she said.

Ben Stage, president of the Claypool Town Council, told the BZA he is against changing the zoning from commercial to multi-family.

"I don't feel, as town council president, that we need more apartments downtown," he said, noting the town needs more business.

Stage also told the BZA two-thirds of the town council agreed with him. Dan Richards, plan commission director, reported he did receive a phone call from another councilman who stated Stage was speaking for him as well.

Snyder noted the intention was to level the incline at the back of the property to allow parking. He also noted leases would prohibit any illegal drug use.

After learning who exactly is the president of 107 Main St. LLC, Ron Robinson voted to deny the request for the exception with Charlotte Siegfield providing the second. Lee Harman, president of the BZA, explained the individual in question has made promises to the BZA in the past, but did not follow through with them.

Richards noted a lot of information is missing from the presentation. After expressing concerns about the parking, possible drainage issues and the fact two small apartments won't accomplish much, the BZA voted to deny the request.

Frank Levinson, of Leesburg, came before the BZA requesting a variance that would allow six principle Industrial II uses when the ordinance allows only one. Levinson and his wife purchased property on Ind. 15 in Leesburg and hoped to transform it into a mini business incubator.

After purchasing the property, the Levinsons have been approached by several businesses about using the property. One business will convert buses from gas to electric engines. This business will use the main building with a staging area in the back.

Other businesses will use the second and third buildings, both of which are split in half by a wall. Levinson explained how common space on the property will not be used for permanent parking or storage. A large fenced-in area will be used for RV and boat storage. The main building will be painted and a screen of trees will be planted along the fence line facing Ind. 15.

Sally Bailey, whose family owns property surrounding the Levinsons, asked some questions. Levinson explained he plans to put in a new security gate that the businesses will have access to, he has also repaired the fence in a few areas. The staging area for the buses will be toward the back of the property and not visible from the road.

The Board approved the request for a variance.

The Board approved a request from Mari Sanders to construct a 10-foot by 16-foot shed 7 feet from the road in Tippecanoe Township.

The Board also approved a request from Gregory and Kathy Pysh to construct a new residence on Big Chapman Lake. The couple intends to raze their home and replace it with a smaller, three-story home.

Several cases were continued to the June 14 meeting for a variety of reasons, including:

• Timothy Towne, who is seeking a variance to construct a 6-foot by 7-foot addition 23 feet from the water's edge in Tippecanoe Township.

• Ryan Stuckman, who is seeking a variance for two properties with mobile homes on them.

• Javier Ivan Gonzalez who is seeking an exception to allow RV storage in an agricultural district.

• Indiana North District Wesleyan Church which is seeking a variance to reduce the number of required parking spaces.
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