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Neighbors' protest against an addition to a storage building on Country Club Drive East was tabled by the Warsaw Board of Zoning Appeals Monday.
The property in question belongs to Dr. Richard Carman and is in an R-1 residential district. The structure on this property is used for storage and a workshop. Carman is adding on to the building and neighbors remonstrated against this. They requested an appeal by the BZA.
The storage building is the only building on the property.
Attorney Steve Snyder represented the neighbors. Snyder said the appeal contests the issuance of a building permit for the structure in the first place.
Snyder gave examples from the Warsaw Zoning Ordinance in which he believes there are violations. He said the ordinance states that no accessory building shall be erected before a primary building unless it is used for residential storage prior to building the primary structure.
Snyder also said the only time a stand-alone accessory building is allowed without a primary residential building is for storage prior to building the primary building. Snyder said Carman is expanding something that should not have been issued a building permit.
The structure is in violation, Snyder said, because the ordinance states an accessory structure on a residential lot must be 6 feet behind the primary building on the lot and 6 feet behind the adjacent residence. Carman's storage building does not comply with this ordinance.
Nothing can be done about the existing building, he said, but something can be done about any additions to it.
Attorney Dan Leininger represented Carman, who was unable to attend the meeting.
Leininger said Carman's reason for expansion is that his home is within a block of the property and he has a single-car garage onto which he is unable to build. He cannot fit his motor home in the current storage structure and wants to make the ceiling and doorway higher.
Carman has already been issued the building permit to make the additions. However a stop-work order was issued because of the neighbors' appeal.
Warsaw City Planner Jeff Noffsinger said he and city attorney Mike Valentine believe the structure is in legal use according to the ordinance. Noffsinger said it is a matter of interpreting the English language.
Board member Richard Keeven asked how the board is qualified to determine how to interpret the way the ordinance is written. Noffsinger said he is confident in his interpretation.
Board member Bruce Woodward asked if the structure is actually an accessory building. He said there is no primary building on the property.
Board member Leigh Ann Denlinger made a motion that the decision by the city planner be upheld. This was seconded by board president Alan Clingan.
Keeven said the language in the ordinance is so ambiguous that the city can't even interpret it. He asked how he can support something so ambiguous.
The board voted on Denlinger's motion. Woodward and Keeven opposed and the motion died because of lack of action.
Woodward's motion to table the issue until the next meeting carried three to one with Clingan opposing.
Only four of the five board members were present at the meeting. The next meeting will be Oct. 23.
In other business:
• The board approved a request for a front yard setback of 7 feet for a porch addition.
The board also approved a request for an 8-foot high privacy fence.
Board members include: president Alan Clingan, Bruce Woodward, Leigh Ann Denlinger, Richard Keeven, Dan Hampton and city council representative Trish Brown.
