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Warsaw BZA Sets Conditions For Shell Convenience Store

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Jay Petroleum representatives Jim Burns and Phil Troyer presented plans Monday to the Warsaw Board of Zoning Appeals for a convenience store and gas station at 330 E. Center St. The request to expand a nonconforming use was approved.

The business will remain a Shell gas station. Plans are to demolish the current buildings and allow three curb cuts, one on Center Street, one on Detroit Street, and one onto the south alley. Extensive landscaping, matching the "streetscape" along Center Street, and along Detroit Street and the alley also is planned.

The board imposed certain design conditions on the property, ordering that the convenience store be built of bricks similar to the Warsaw Community Public Library and that tan colors also be used in the color scheme.

Clingan said the lot serves as a gateway into the city and should be in harmony with other surroundings.

The board also ordered that the trees be at least 12 feet tall.

An appearance before the Warsaw Plan Commission was waived.

John Finken appeared before the BZA Monday requesting a 12-foot, 5-inch front yard setback for a new manufactured home at 214 N. Tamarack. The zoning ordinance requires a 25-foot front yard setback.

The director's comments, prepared by city planner Jeff Noffsinger, noted the proposed structure will not blend in well with the surrounding properties in the neighborhood and is not consistent with the zero front yard setbacks common with the other homes.

Last night Noffsinger said Finken's plan is better than a vacant lot.

Board member Bruce Woodward asked Finken if he was concerned about the resale value of the home.

Finken said he had been looking for property for a long time and plans to build and stay in the house on the corner of Tamarack and Fort Wayne streets for 25 years or more.

Building a house complementary to the neighborhood might cost as much as $250,000, Woodward said. A manufactured home will be considerably less. He also pointed out that Finken could remove the garage to achieve a setback of 25 feet and he wouldn't even have to appear at the BZA.

Board president Alan Clingan said, "I think it is a detriment to the neighborhood. The Habitat house is a poke in the eye. I think manufactured homes have a negative effect in the area."

Finken's request was approved with a 3-to-2 vote. Clingan and Richard Keeven voted no.

The board also:

• Denied a request by James Stewart Jr. for a variance from developmental standards for an accessory structure three feet from the north property line (Clark Street) and 20 feet from the east property line at 317 N. Tamarack.

• Approved a request by Paul Campbell of the First Baptist Church for a second institutional sign 40 square feet in size.

The property is at 2819 Patterson Road. The zoning ordinance allows for one sign per zoned lot not to exceed 32 square feet in sign.

A variance was granted in July 2002 for a 37-foot, 5-inch sign, which was never erected.

Board of Zoning Appeals members are: Alan Clingan, Dan Hampton, Richard Keeven, Tom Heuer and Bruce Woodward. Bill Rhoades is the city council's representative.