Variance Tabled By Warsaw BZA After Failing To Get Enough Votes For Approval
February 24, 2025 at 8:59 p.m.

A petition for a variance to allow two lots to be smaller than required for residential lots was tabled by the Warsaw Board of Zoning Appeals after not receiving enough votes to be approved Monday.
In presenting the petition from Daniel Schlatter, Inglenook LLC, Assistant City Planner Jackson Longenbaugh said Schlatter requested a variance from development standards to allow two lots to be smaller than required for developing a residential lot in a Residential-2 zoning district.
Lot 1 is roughly 5,280 square feet and lot 2 to the south is 5,520 square feet. These do not meet the square footage minimum of 7,200 square feet, per the zoning ordinance.
“These lots originally were recorded over 100 years ago. Many lots along this corridor are very similar in size since they were created so long ago. In order to be developed for residential use, a variance is needed,” Longenbaugh told the board. “... Due to the unique situation ... it is the opinion of the Planning Development that this variance be approved to allow two smaller lots at those two parcels.”
The parcels are near East Market and South Wood streets.
Board member and retired judge Duane Huffer asked, “Is this a platted lot?”
Longenbaugh said he believed so. “I think they’re so old that there are two different plats that were attached. I think they’re in the mix of those so they’ve just been like this for a really, really long time.”
He said there was a house there but it was demolished. Everything to the west of the parcels in question is owned by the city and part of the parks. The two parcels have never been owned by the city. “So they’re pretty landlocked in this situation and they have nowhere to go.”
Huffer asked if the nearby alley was platted, and Longenbaugh said it was. Mike Kissinger currently owns the two parcels and surveyed them. Huffer asked if there would be one house on the north lot and one on the south. Longenbaugh said there would be two smaller units on the north lot and one on the south lot.
“So aren’t we really asking for two things here? Because that totally doesn’t meet the requirements for the square footage for two family dwellings,” Huffer said.
Longenbaugh said that wasn’t correct. “In an R-2 zoning district, multi-family would be permitted.”
Huffer said there’s still a square footage requirement for the number of houses. He said there’s also a requirement in regards to what’s covered on the lot, too.
“So you have lot coverage and you have square foot for the number of families,” Huffer said.
Huffer asked how many square feet were needed for two houses and if there was a square footage requirement for homes in city code. Longenbaugh said he was not aware of any square footage requirement for a home. Under the zoning ordinance, the minimum lot area for a parcel with sewers in an R-2 needs to be 7,200 square feet.
“So I wouldn’t have a problem with this if there’s going to be one dwelling,” Huffer stated. “If there’s going to be two dwellings on there, I object.”
Schlatter told the board, “This is an area with smaller lots up through there. It is R-2, and an R-2 area would allow for a duplex. And so, these are essentially the size of the duplex, except they’re just not attached to each other. So the thought there is to make them feel more like homes as opposed to a duplex.
“The interest here that we’re trying to accomplish is, see if we can build homes at a more affordable price. We think that’s something that’s needed. We’ve done that in Winona a number of times,” Schlatter said.
Huffer said the normal platted lot in the city of Warsaw is about 132 by 60 square feet. Schlatter agreed they’re normally larger.
Board member Dave Baumgartner asked what other purpose could the lots be used for if not homes. Longenbaugh said there would be a variety of uses permitted in an R-2.
“We’ve had a lot of success in Winona with some smaller homes. I think the smallest home we did was about 500 square feet,” Schlatter said, with many in the 500 to 700 square feet range. “They’ve been well-received.”
He said they’re permanent structures with full foundations and are site-built homes, just smaller in size.
“I think the thing that has kind of inspired me over the years to do these is about 28% of the residents in Kosciusko County live individually in a home. Just one person living in a home. And these homes fit for folks who are just one person living there, right? You don’t really need bigger than that, and it allows it to be more affordable for a single person. So that’s sort of the target market we’ve been after,” Schlatter explained.
After the meeting was closed to public comment, Huffer said the city had adopted a planning ordinance and for the board to deviate from it, there has to be a good reason. He said the minimum square feet with sewer is 7,200 in Warsaw, and to go down about 2,000 square feet goes against the whole intent of the city’s plan.
Baumgartner pointed out the city has a shortage of living spaces and these houses could be a perfect situation for people living alone. Sewage and water also are available.
Board member Zach Tucker said the two lots together total 10,800 square feet. Huffer said why not keep the two lots together and then there could be two family homes instead of three requested.
“If this was a true duplex, would there be a question about this or would it still have to go through this process?” Baumgartner asked. Longenbaugh said at this point, any development would have to go through the BZA process because of the small lot sizes.
Tucker said he certainly appreciated the want to provide more affordable housing in a time when housing is frankly not affordable.
Longenbaugh said if Schlatter just wanted to build one home instead of two on the northern lot, he would still have to come before the BZA because of the 7,200 square foot requirement.
Baumgartner said Warsaw is a blue-collar town and these houses provide some blue-collar housing for people from a certain economic position. Huffer said R-2 wasn’t necessarily blue collar. Baumgartner said these houses would provide homes for people who maybe couldn’t afford more expensive type of housing.
Baumgartner made a motion to approve the variance and Tucker provided the seconded, but the final vote was 2-1 with Huffer opposed. Because there were only three of the five board members present - President Tammy Dalton and Vice President Rick Keeven were absent - and the vote wasn’t unanimous, the petition was then tabled to the March 24 BZA when it’s hoped there will be one or two more board members present.
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A petition for a variance to allow two lots to be smaller than required for residential lots was tabled by the Warsaw Board of Zoning Appeals after not receiving enough votes to be approved Monday.
In presenting the petition from Daniel Schlatter, Inglenook LLC, Assistant City Planner Jackson Longenbaugh said Schlatter requested a variance from development standards to allow two lots to be smaller than required for developing a residential lot in a Residential-2 zoning district.
Lot 1 is roughly 5,280 square feet and lot 2 to the south is 5,520 square feet. These do not meet the square footage minimum of 7,200 square feet, per the zoning ordinance.
“These lots originally were recorded over 100 years ago. Many lots along this corridor are very similar in size since they were created so long ago. In order to be developed for residential use, a variance is needed,” Longenbaugh told the board. “... Due to the unique situation ... it is the opinion of the Planning Development that this variance be approved to allow two smaller lots at those two parcels.”
The parcels are near East Market and South Wood streets.
Board member and retired judge Duane Huffer asked, “Is this a platted lot?”
Longenbaugh said he believed so. “I think they’re so old that there are two different plats that were attached. I think they’re in the mix of those so they’ve just been like this for a really, really long time.”
He said there was a house there but it was demolished. Everything to the west of the parcels in question is owned by the city and part of the parks. The two parcels have never been owned by the city. “So they’re pretty landlocked in this situation and they have nowhere to go.”
Huffer asked if the nearby alley was platted, and Longenbaugh said it was. Mike Kissinger currently owns the two parcels and surveyed them. Huffer asked if there would be one house on the north lot and one on the south. Longenbaugh said there would be two smaller units on the north lot and one on the south lot.
“So aren’t we really asking for two things here? Because that totally doesn’t meet the requirements for the square footage for two family dwellings,” Huffer said.
Longenbaugh said that wasn’t correct. “In an R-2 zoning district, multi-family would be permitted.”
Huffer said there’s still a square footage requirement for the number of houses. He said there’s also a requirement in regards to what’s covered on the lot, too.
“So you have lot coverage and you have square foot for the number of families,” Huffer said.
Huffer asked how many square feet were needed for two houses and if there was a square footage requirement for homes in city code. Longenbaugh said he was not aware of any square footage requirement for a home. Under the zoning ordinance, the minimum lot area for a parcel with sewers in an R-2 needs to be 7,200 square feet.
“So I wouldn’t have a problem with this if there’s going to be one dwelling,” Huffer stated. “If there’s going to be two dwellings on there, I object.”
Schlatter told the board, “This is an area with smaller lots up through there. It is R-2, and an R-2 area would allow for a duplex. And so, these are essentially the size of the duplex, except they’re just not attached to each other. So the thought there is to make them feel more like homes as opposed to a duplex.
“The interest here that we’re trying to accomplish is, see if we can build homes at a more affordable price. We think that’s something that’s needed. We’ve done that in Winona a number of times,” Schlatter said.
Huffer said the normal platted lot in the city of Warsaw is about 132 by 60 square feet. Schlatter agreed they’re normally larger.
Board member Dave Baumgartner asked what other purpose could the lots be used for if not homes. Longenbaugh said there would be a variety of uses permitted in an R-2.
“We’ve had a lot of success in Winona with some smaller homes. I think the smallest home we did was about 500 square feet,” Schlatter said, with many in the 500 to 700 square feet range. “They’ve been well-received.”
He said they’re permanent structures with full foundations and are site-built homes, just smaller in size.
“I think the thing that has kind of inspired me over the years to do these is about 28% of the residents in Kosciusko County live individually in a home. Just one person living in a home. And these homes fit for folks who are just one person living there, right? You don’t really need bigger than that, and it allows it to be more affordable for a single person. So that’s sort of the target market we’ve been after,” Schlatter explained.
After the meeting was closed to public comment, Huffer said the city had adopted a planning ordinance and for the board to deviate from it, there has to be a good reason. He said the minimum square feet with sewer is 7,200 in Warsaw, and to go down about 2,000 square feet goes against the whole intent of the city’s plan.
Baumgartner pointed out the city has a shortage of living spaces and these houses could be a perfect situation for people living alone. Sewage and water also are available.
Board member Zach Tucker said the two lots together total 10,800 square feet. Huffer said why not keep the two lots together and then there could be two family homes instead of three requested.
“If this was a true duplex, would there be a question about this or would it still have to go through this process?” Baumgartner asked. Longenbaugh said at this point, any development would have to go through the BZA process because of the small lot sizes.
Tucker said he certainly appreciated the want to provide more affordable housing in a time when housing is frankly not affordable.
Longenbaugh said if Schlatter just wanted to build one home instead of two on the northern lot, he would still have to come before the BZA because of the 7,200 square foot requirement.
Baumgartner said Warsaw is a blue-collar town and these houses provide some blue-collar housing for people from a certain economic position. Huffer said R-2 wasn’t necessarily blue collar. Baumgartner said these houses would provide homes for people who maybe couldn’t afford more expensive type of housing.
Baumgartner made a motion to approve the variance and Tucker provided the seconded, but the final vote was 2-1 with Huffer opposed. Because there were only three of the five board members present - President Tammy Dalton and Vice President Rick Keeven were absent - and the vote wasn’t unanimous, the petition was then tabled to the March 24 BZA when it’s hoped there will be one or two more board members present.