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A situation with a bank led a couple to seek two use variances, one for each of their properties, from the Warsaw Board of Zoning Appeals Monday night.
The properties, owned by John and Rhonda White, are at 667 and 657 S. Buffalo St. The BZA heard the two petitions separately, but quickly approved the second one after approving the first one.
On the first petition, for the property at 667 S. Buffalo St., Assistant City Planner Leah Parker told the board, “This petitioner is requesting a special exception to allow a residential building in a C-2 (Commercial-2) zoning district. The home’s currently existing non-conforming, meaning that, even without a variance, it may continue to exist as a residential property. However, the petitioner has encountered difficulties obtaining financing due to the property being in a commercial zoning district.”
Additionally, she said, should the property sustain 75% or more damage without a variance in place, the property would be required to be reconstructed as a commercial building. If the property were to incur damage to the extent of less than 75% of its appraised value, Parker said the petitioner would have one year to construct the property to continue its non-conforming use.
“Based on this information, and the property is located near other non-conforming properties, the Planning Department recommends the board approve this petition,” she said.
Board President Tammy Dalton asked if the petitioners’ request was “protecting them should there be catastrophic fire, that they can rebuild as residential, is that correct?”
Parker said that was correct. “It would help the mortgage lender, for some reason, they’re just seeing this as an obstacle.”
Rick Keeven, board vice president, said there’s four residential properties in a row in that area.
Rhonda White explained to the board, “We bought the property in 1984 as a residence, and it’s been fine. Seven years ago, we bought 657 and our son rents it from us. He wants to buy it now, but the bank, they don’t want to because of it being a commercial zoning.”
She said they also bought and owned 701 S. Buffalo St. at one point and then sold it, and there wasn’t a problem with the zoning with that property. Years ago, they got a home equity loan to build on to their home and there wasn’t a problem then either.
“Now, we can’t get a home equity loan to do anything to our house because of the zoning, and our son can’t buy 657 because of zoning. And I know, 701, a few years ago, Patty and Ernie Morrison, had to come and do this because they were selling the home” and there was an issue with the financing, but Patty ended up not selling it, Rhonda said.
“We have a situation with the bank that we want to do, but we can’t, and our son can’t, everything, because of the zoning, so we thought what if we do in a few years ever want to sell. We’ll run into the same problem,” she stated.
There were no remonstrators to either petition.
Keeven made a motion to approve the petition, BZA member Max Maile seconded the motion and it passed 5-0.
Parker then presented the second petition from the Whites for 657 S. Buffalo St.
“As the petitioner said, it’s essentially the same thing. It’s 657 S. Buffalo, the one their son rents and wants to purchase. Again, it’s existing non-conforming. Same story. If the property should sustain 75% or more damage without a variance in place, the property would be required to be reconstructed as a commercial building. Or, if it were to incur damage to the extent of less than 75% of its appraised value, they would have one year to repair it,” she said.
With no questions or comments, Keeven made a motion to approve, BZA member Zach Tucker seconded the motion and it was approved 5-0.
