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Steve and Connie Rufenbarger's request to build a residence with a 12-foot 9-inch rear yard setback was denied at the Warsaw Board of Zoning Appeals meeting Monday.
Situated at 1131 Country Club Drive, the Rufenbargers claimed the variance from the standard 25-foot setback is in character with neighboring properties.
Their lot borders Winona Lake to the east and the "rear yard" to the west is where a horseshoe drive would be located.
Ten remonstrators appeared against granting the variance, represented by lawyer Paul Refior.
Issues about actual property lines, discrepancies in land surveys taken in 1994 and 2001 by Walker and Associates, Columbia City, and how other property owners access the lake were mentioned by Refior.
However, city lawyer Mike Valentine cautioned Bruce Woodward, Richard Keeven and Tom Heuer that they should consider only the evidence presented regarding the setback.
Connie Rufenbarger said the house next door has a 12-foot, 7-inch setback and the one next to it has a 9-foot setback.
Since only three of the five-member board were present at the meeting, acting president Bruce Woodward advised everyone their decisions would have to be unanimous.
Woodward and Heuer specifically cited public safety issues as the reason for their nay votes.
Four items were unanimously approved, including:
• A use variance request by Mark Marley for a 60-foot-tall tower, already installed, at 940 N. Detroit St.
The tower acts as a broadcasting unit, receiving data from Network Computer Solutions' two other towers elsewhere in the county.
Marley sells high-speed Internet access to his clients through this communication system.
Assistant city planner Kristy Mehlberg said she helped Marley with his construction permit. However, she didn't realize she needed a use variance also.
Towers are not supposed to be closer than a half-mile to one another.
Hand Industries has a 150-foot-tall tower directly across the street that pulls in data for Wave One, another Internet connection provider.
• A request by Matthew Johnson, 427 E. Fort Wayne St., to offer professional office space in an R-2 district.
• A request by the Mennonite Church of Warsaw for an additional freestanding sign at 1250 Husky Trail, zoned R-1 and C-3.
The sign will include a message board to promote church services and will be 32 square feet in size.
• Approved the request of Mark Snyder to operate a day care center in a residential district at 2500 Glad St.
Two items were tabled: a request for a use variance by Aron Dellinger to establish a professional office in an R-1 district and a petition by Rick Weed to operate a waste removal facility in an R-1 district.
BZA members are Bruce Woodward, Richard Keevan, Tom Heuer and Trish Brown, city council liaison, a non-voting member. Alan Clingman and Dan Hampton were absent. The next BZA meeting will be Nov. 26 at 7 p.m.
