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Charles Laster wants to build a three-season room over an existing deck on the east side of his 709 Biscayne Ave. home.
He appeared before the Warsaw Board of Zoning Appeals Wednesday with the addition request and a request for a 15-foot front yard setback.
After recalculations, the 15-foot setback was changed to a 14-foot setback and approved.
Laster's request for the screened-in porch was tabled. The deck surface is 10.8 inches below the 100-year flood plain. According to federal guidelines, no houses built in 1995 and later are able to add attachments in the flood plain.
Several of Laster's neighbors have houses built earlier and recently made one-time additions in the flood plain.
Laster presented photos of these neighboring properties saying what he wants is "just a three-season room with nothing in there to flood."
Flood plain status is determined through federal guidelines and adopted by the state. The BZA members must file a variance record giving reasons for any exceptions. Unlawful exceptions could result in the community being unable to access national flood insurance funds from the Federal Emergency Management Agency, if flood damage ever occurred.
Because of the expense, Laster didn't necessarily want to raise the deck. He said the room will provide extra room for him, his wife, Betty, and for visitors. "It's a hardship because the house is so small. We can't have guests. It would be nice to have the grandchildren over."
"We're stuck with the law," said city lawyer Mike Valentine. "For homes built earlier than 1995, a one-time addition can be made irrespective of whether or not it is in the flood plain. For homes built in 1995, another set of rules apply and we're not allowed any discretion. We're stuck with the dumb thing."
"It's just a screened-in porch," Laster said.
BZA president Alan Clingan advised Laster that if he built the deck floor up about a foot, the board would have nothing to consider.
Valentine was asked to research applicable Indiana Codes, which were referred to in the flood plain variance record for the state but not presented.
Terry Bartram from W.A. Zimmer, the company designing the three-season room, attended the meeting, saying it would be a nice addition to the house and would keep out mosquitoes. He and Laster privately discussed raising the floor of the deck but did not announce any design change during the meeting.
Council representative Bill Rhoades said the Pike Lake area prone to flooding is along Sunset Drive south of Anchorage Road. Rhoades, 71, couldn't remember any part of Biscayne Avenue ever under water.
The board also:
• Approved the request of Community First Bank and Trust, 1810 E. Center St., to erect a freestanding and a directional "entrance" sign encroaching into the city right-of-way, a variance from developmental standards.
Board member Bruce Woodward said there is no problem with visibility. Zero setbacks are permitted provided there is proper vision clearance.
The freestanding sign is 9.5 feet in height and 29 square feet. The directional sign is three feet, eight inches high and five feet square - within the commercial zoning ordinance.
An encroachment agreement with the Warsaw Board of Works must be approved.
• Approved a request by Randy Stutzman owner of Harmon Glass, 1111 E. Winona Ave., to expand a non-conforming sign with the addition of an eight-foot reader board.
The eight-foot by one-foot "reader" board still has a clearance of more than eight feet, six inches.
Stutzman is to seek an encroachment agreement from the BOW too.
Board of Zoning Appeals members are Alan Clingan, Dan Hampton, Tom Heuer, Bruce Woodward, Richard Keeven, and council representative Bill Rhoades.
