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A use variance requested by Crystal Geyser (C.G.) Roxanne was unanimously denied by the Warsaw Board of Zoning Appeals Monday night after nearly three hours of testimony because BZA members felt the petitioners didn’t prove they met all five criteria points for the variance.
C.G. Roxanne wanted the use variance to allow a water bottle manufacturing and extraction facility at 1825 W. Winona Ave., which is in a Residential-2 zoning district.
The five criteria points are that: 1. The approval will not be injurious to the public health, safety, morals and general welfare of the community. 2. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner. 3. The need for a variance arises from some condition(s) peculiar to the property involved. 4. The strict application for the terms of the zoning ordinance will constitute an unnecessary hardship if applied to the property for which the variance is sought. 5. The approval does not interfere substantially with the comprehensive plan.
After all the public comments were taken and the board was discussing the matter among themselves, Board member Duane Huffer said, “Frankly, I think the comprehensive plan speaks fairly well in regards to itself, and so does the zoning ordinance. You have to have a line somewhere between residential and industrial, and, yes, there’s industrial across the street, but there’s also residential across the street. There’s residential south, there’s residential east, and, frankly, Warsaw Coil is an exception and in regard to the comprehensive plan, they don’t show Warsaw Coil being there.”
Huffer continued, “Secondly, I don’t think the petition has been proven in regard to the aspect of strict application for the terms of the zoning ordinance will constitute an unnecessary hardship. No unnecessary hardship was found.”
An unnecessary hardship would “effectively deprive a parcel owner of all reasonable economic use of the parcel. That has not been shown,” Huffer stated, adding he didn’t see where criteria #3 was met either.
Board member Zach Tucker said it was his opinion also #3 was not met at all.
“So my position is that the petition should not be granted,” Huffer said.
Board Vice President Rick Keeven said his biggest concern was the traffic because he’s out there a lot too and “the truck thing is a real deal ... it gets a little chaotic.” He said there’s a lot of homes out there and Zimmer Road is also a very narrow road.
“This project aside, I just think something more has to be done for the roads and the county coming up with some sidewalks or something because right now it’s just, that’s it. It’s tight,” Keeven said.
Board member Max Maile made a motion to deny the request. Tucker seconded the motion and it passed 5-0, eliciting applause and celebration from the remonstrators present.
In initially presenting the petition to the BZA, Assistant City Planner Leah Parker said the proposed facility was anticipated to generate approximately 40 to 60 semi-tractor-trailers per day, a 0.6% increase in traffic, with truck activity limited to 6 a.m. to 6 p.m. and no semi-truck delivery or loading activity occurring at night.
“The petitioner has stated that the trucks will enter from the north, and that the loading docks will be located on the east side of the facility away from the residential areas,” Parker said. “The petitioner plans on planting arbor vitae or some sort of tall screening to partition itself from the residential area. A traffic study found that a right-turn lane is not warranted but the petitioner plans on installing a taper to the entrance of the property to ensure safety.”
The parcel sits on about 47 acres of land, almost half of which is covered by wetlands. It also sits within a flood zone. The proposed hours of operation will be 24/7, with delivery time limited.
Additionally, Parker said, C.G. Roxanne stated the multi-million-dollar facility was anticipated to create 20 to 30 jobs, and about 10 to 12 employees on site during each shift.
Attorney Steve Snyder represented C.G. Roxanne for the variance request. During his hour-plus presentation, he spoke about the company and how the petition does meet the five criteria points. He pointed out the jobs creation and the $40 million investment by the company, which was founded in 1990, and how the wetlands won’t be touched because they’re not allowed to touch them.
Neal Styka, a professional traffic operation engineer, detailed the traffic study done for the location of the proposed manufacturing facility and the trucking route selected and why.
Dr. Jase Hixson, a senior consultant with Antea Group, detailed the aquifer testing that was conducted and his findings.
After some questions by the BZA to the petitioners, the remonstrators spoke and were given as much time as they wanted to say what they wanted to say. Their concerns included traffic and safety, protecting the water and wetlands, noise and past legal cases C.G. Roxanne experienced.
About 13 people aired their concerns, followed by a rebuttal by Snyder and then the board deliberations.
In the other case presented to the BZA on Monday, Gilberto Gutierrez petitioned for a use variance to allow a church in an Industrial-1 zoning district at 708 Brown Drive.
The current church is on a lot across the road from the vacant lot at 708 Brown Drive. The church plans to demolish its current building and turn it into a parking lot once the new church is built.
The BZA unanimously approved the request.
The capacity for the City Hall Council Chambers is 95 people. The fire marshal had an official count of 85 people at the meeting, including board members, city officials, media and the public.
