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A retail business that sells sheds and potentially pergolas and gazebos plans to move into the space between Caliber Collision and Legrand AV Inc. (Da-Lite) on Ind. 15 in Warsaw.
Monday night, the Warsaw Board of Zoning Appeals approved 3-0 a petition by Marc Miller for a use variance to allow retail sales in an Industrial-2 zoning district at the site.
Warsaw Assistant Planner Leah Parker, in presenting the petition to the BZA, said, pursuant to the Warsaw municipal code, an I-2 zoning district is intended “to provide lands for most general types of industrial firms such as manufacturing, storage or disposal of raw materials, etc.” Any deviation from this ordinance needs approval from the zoning board.
The property is adjacent to a Commercial zoning district, which is allotted for large parcels to be used for retail sales, such as automobiles, she said. The owner wants to use this property to sell sheds, which is arguably parallel to the use and aesthetic of auto sales.
Based on the information provided and the findings of fact, Parker said it is the opinion of the Warsaw Planning Department that permission could be granted to the petitioner for a use variance to allow retail sales on the requested parcel in an I-2 zoning district.
Joseph Martins, representing Miller, explained, “We’re looking to buy the property right next to the Caliber Collision for a retail, selling like the outdoor storage sheds, gazebos. We have two manufacturing plants in Indiana that we build them at. One is in Nappanee and one is close to Rossville, Ind. So we build there and deliver to this area and sell.”
BZA Vice President Rick Keeven asked if there would be an office building. Martins said they planned to construct an office building, and they would have some office personnel for dispatching and helping with the paperwork. He estimated they would have three or four people they’ll hire from this area.
BZA member Duane Huffer asked if the site would be paved. Martins said they planned on it.
City attorney Scott Reust pointed out that, “It says the owner wishes to sell sheds. And then he said sheds and some other gazebos or pergola type of stuff. But it appears that the variance will allow retail sales on the requested parcel. I just want to make sure we’re all on the same page. Do you have any issue with there just being general retail sales or do you have a request that it be limited to a certain thing of retail sales?”
He questioned if the board had any concerns about the broad term “retail sales” in the variance as that could mean they could sell anything they want there and not just sheds.
City Planner Justin Taylor pointed out there’s a commercial corridor along Ind. 15 and there was existing industry there, that’s why it was zoned that way. He said with the substantial commercial along Ind. 15, the Planning Department didn’t feel like Miller’s request would be detrimental to leave the variance at retail sales. He said he didn’t think it would make a difference if ever the shed business moved out and something else like a lawnmower business moved in.
“Big picture, it didn’t really seem to make a huge difference,” Taylor stated, though the board could narrow it back down to just the selling of sheds if it wanted to do that.
Board member Zach Tucker said it was very possible the city is going to see further growth up north on Ind. 15 in terms of commercial businesses. He didn’t see issues with it being retail sales, and he made the motion to approve the use variance as presented. The motion passed unanimously, 3-0, with Board President Tammy Dalton and member Dave Baumgartner absent.
In the other case before the Warsaw BZA Monday night, Kerry Stover sought a variance from development standards to allow a gravel lot in a Residential-1 zoning district, at 1234 Meadow Lane, Warsaw, to park his RV.
Parker said, pursuant to the city’s municipal code, “all areas for parking and maneuvering shall be graded for proper drainage and finished hard surface, either paved or concrete, in accordance with the city of Warsaw drainage ordinance.” Any deviation from this code needs approval from the zoning board.
She said the petitioner will add a 10-foot or 12-foot by 20-foot concrete apron toward the road, which will help prevent gravel-like material from making its way into the road. Petitioner will be using Duraberm, which is a heavy aggregate material that is a cost-effective alternative to gravel. It compacts well and offers good load-bearing capacity, she said.
Based on the information provided and the findings of fact, Parker said it is the opinion of the Planning Department to allow this variance for a gravel lot in an R-1 zoning district for the property in question.
Keeven asked what were the city’s reasonings for wanting hard surfaces instead of gravel. Parker said it was for better drainage. Taylor said there are a myriad of reasons, but the gravel tracking on the roads can be a safety hazard for motorcyclists and motorists, etc, so that was a decision the city council made many years ago.
Asked about Duraberm, Stover said since they’ve been living near the Barbee Lake since 1984, that area up there uses Duraberm a lot, including the Barbee Hotel. He said it was his understanding it’s a slag product produced as a byproduct of steel mills. It won’t be dusty like a gravel road, and Duraberm holds up better than gravel.
He said they downsized, moving to Meadow Lane, and want to park their RV on the Duraberm. The RV will only be moved maybe once or twice a month now that he’s retired. Stover indicated he would prefer the Duraberm be all the way down the drive instead of having to put in a concrete apron, but the board members indicated they preferred the apron.
After a few more questions about Duraberm, the concrete apron and the placement of it, the board approved the petition as presented, with the concrete apron. There were no remonstrators.
