Continuously serving Kosciusko County since 1854
SYRACUSE - Two fires last year led to two petitions before the Syracuse Board of Zoning Appeals Thursday.
A petition by Elmer Smith was for an exception to allow a temporary office on a non-conforming car lot in a commercial district. The property is on the east side of Huntington Street and zero feet west of Harkless Drive at 1426 S. Huntington St.
According to Matt Sandy, Kosciusko County area plan commission assistant planner, the building there had a fire a few months back. While the petition is under the property owner's name - Elmer Smith - Ted Hughes, business owner of the car lot currently on the property, is petitioning for the exception. Sandy said Hughes can't operate his business out of the current building and last month, Hughes was granted an emergency exception to allow the business in the temporary office.
But there's a catch to the petition. Sandy said the legal non-conforming use may have expired because the property at some time may have not been a car lot for periods of more than six months. A legal non-conforming use becomes illegal if the property is not used for that non-conforming use for more than six months since the non-conforming use was granted or since the plan commission began in 1975.
The plan commission, Sandy said, questioned the legality of the property's non-conforming use Oct. 23, 2003, but before the property owner received a notice of violation, the fire occurred in November.
Hughes said the burnt building comes down next week. He said he wants at least a six-month extension of the temporary office. The Smiths are not going to make a decision on whether or not to sell the property until they return from Florida in the spring. Elmer Smith also is in poor health. Hughes' lease on the property expires Sept. 6 this year, his business began in September.
Sandy said there were three letters of remonstration against the car lot on file and one letter from the Smiths in support of Hughes' petition.
Syracuse Town Manager Brian Redshaw spoke in favor of granting Hughes the variance. He said Syracuse has trouble keeping businesses going in the Village and Hughes' business is one that can help bring in tax revenue.
Two others spoke against the petition, saying they felt the property lost its legal non-conforming use status, the cars will limit vision from the road, the current car lot has a lot of noise and smells coming from it and it's not an attractive business to have where people enter Syracuse.
BZA member Gus Duehmig made a motion to continue the hearing until Feb. 19 at 7 p.m. to give the Smiths more time to prove the legal non-conforming use has steadily been a car lot without interruption since 1975. The motion was unanimously approved.
Gary Huffman petitioned the BZA for a variance to allow a commercial building to be constructed 24 feet from the north right of way, 5 feet from the east side side line, 10 feet from the west right of way and 5 feet from the south property line. The property is on the east side of Huntington Street and zero feet south of Pearl Street at 606 N. Huntington St.
Sandy said there was a fire on the property and the tract of ground currently is vacant. The last use of the property was a residence, but also was a legal non-conforming use. The petitioner is looking at it as a commercial site.
Huffman told the board he wants to build a commercial building and is intending it to be a retail shop. The size of the building will be approximately 24-26 feet by 49 to 51 feet.
There were no remonstrators to the petition. Board member Mike Brower said the property is zoned commercial and Huffman's plans are a good use for the property.
The variance was unanimously approved.
The last petition before the BZA Thursday was by Gary Ball for an exception for auto repair and modification, sales, parts and mail order sales in a commercial district. The property is on the north side of Main Street and zero feet east of Harrison Street at 200 E. Main St.
Sandy said there was a non-conforming use on the property at one time, but in this case, the legal non-conforming use "definitely lapsed." The non-conforming use was a gas and service station.
Ball said he has customers worldwide and his business will be a "pretty low-key operation anymore. Just my father and I."
Redshaw also spoke in favor of Balls' petition and the BZA unanimously approved it with the condition that there be no outside storage and if Ball decides to display any vehicles outside, there be no more than five displayed at one time.
Members of the Syracuse BZA include Mike Brower, Steve Sharp, Jon Brookmyer and Gus Duehmig. The board meets at 7 p.m. in the Syracuse town hall on the third Thursday of every month.
