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The overlapping of residential and commercial uses led to the Warsaw Board of Zoning Appeals not taking any action on one petition before it Monday night and denying another.
Daran Thitiratanakorn petitioned for a special exception use variance to allow a residence in a commercial zone at 1804 E. Center St., Warsaw.
Assistant City Planner Leah Parker said while this property is in a commercial zone, it is in between residential zones and will not disrupt the “flow” of the commercial zone as required by the municipal code. Based on the findings of fact, she said it is the opinion of the Warsaw Planning Department that the board allow a residential property in this area for the aforementioned reasons.
Tom Tearney, speaking for Thitiratanakorn for clarification purposes, said Thitiratanakorn is going to purchase the building. “What she’s looking to do is spend the night there in case of bad weather or if she’s working late. She has a home in Syracuse, so that’s what she’s asking for,” he said.
Thitiratanakorn said her business will include traditional Thai massages, nail and eyelash extensions.
Melissa Rone asked if the property needed to be rezoned just for Thitiratanakorn to spend the night there occasionally if it’s still a business.
City attorney Scott Reust said the request wasn’t for the property to be rezoned, but for a special exception that will allow residential use of the property. The zoning would stay commercial.
Board member Zach Tucker asked if it would basically be like a mixed-use space and he was told it would.
Rone asked how that special exception would affect the property once it sells again. Parker said if Thitiratanakorn would sell it, the variance would stay in place with the property.
Reust said if the board approves a residential use of the property, it would not have a limitation of sometimes being residential. “It’s either all or nothing. So if you approve the special exception, it can have residential use,” he stated, noting that the residential use could be daily there and run with the property.
Board member Duane Huffer said the original intent of the property when it was built was for it to be residential.
Parker pointed out there is a House Bill going through the state legislature with the discussion being to allow more residential in commercial zones as a statewide rule.
Board President Tammy Dalton pointed out there’s residential property all around the property in question.
Rone expressed concerns about the property being residential as her business backs up to it.
Diane Heyde asked if the exception is accepted, “Is it limited to single family or can it be used as multiple family?”
Parker said it can be either as long as it meets the city’s ordinances. In that case, Heyde said, “Then I’m against it.”
Board Vice President Rick Keeven asked if they could limit the property to single family. Reust said no.
Board member Zach Tucker said he didn’t even know why they were talking about it in the first place as people sometimes sleep in their offices. “I’m sorry, but is it even necessary to approve for residential when it’s your business?” he said.
Keeven asked who was going to say anything if Thitiratanakorn spends the night there. He pointed out the same thing was going on with the doughnut shop on Ind. 15 as the woman who owns it also was living in that building and the BZA approved it.
Huffer made a motion to approve the request, but Keeven made a motion to deny it. Dalton sided with Huffer, but Tucker sided with Keeven so the vote was 2-2. The fifth member of the board, who was originally scheduled to be sworn in Monday, was not present.
As it was a split vote, Reust said there was no final action that could be taken so it was up to Thitiratanakorn to have it back on the board’s agenda again in the future.
The petition unanimously denied by the board was from Heather Jagger who wanted a use variance to allow a business in a Residential-3 zoning district at 315 W. Fort Wayne St., Warsaw.
Parker said the petitioner would like to sell hand-made quality crafts made by local artisans. These crafts include, but are not limited to, refinished furniture, paintings, indoor signs, soaps, jewelry, etc. The business would operate one weekend per month with hours not exceeding 15 hours.
There is an empty lot to the west of the property wherein customers could park on that entire street, Parker said.
The Planning Department did not foresee any issues with the criteria needed to be met for a use variance. There were no remonstrators from the public.
Huffer objected to the petition, saying two board members objected to a residence going into a commercial area, but now someone wanted to put commercial to go into a residential area. There was also some concern about parking, which Huffer, Dalton and Keeven expressed.
Keeven made the motion to deny the petition and Huffer seconded it, which passed 4-0. Reust said Jagger could repetition the board in a year.
In other business, the BZA:
• Approved Arlin Hoschstetler’s petition for a variance from development standards to allow a setback of less than 25 feet from the road and within the flood plain. The property is at 5 Fairlane Drive, Warsaw.
Parker said the petitioner hopes to expand his garage and storage area, but due to the configuration of the parcel, the proposal will encroach into the setbacks by 14 feet into the front setback toward the road and 20 feet into the waterway setback k from Winona Lake. The front and waterway setback requirements are 25 feet each.
She advised the board that, “Approval to build this structure is contingent upon building permits, so the issue before us is simply to deliberate whether the petitioner can encroach into the front and flood plain requirements, but the next steps will just be building permits.”
Huffer voted against the petition because it goes against the restrictive covenants of the neighborhood that was filed in the county courthouse. Board President Tammy Dalton said she lives in that neighborhood and she’s never seen anything about those.
City attorney said it was his opinion that it wasn’t the BZA’s duties to “inquire into or have interest in what the private contractual agreement with the restrictive covenants that were recorded might be.”
He said the restrictive convenance were not the city’s rules and not enforceable by the government. It’s a private action.
• Approved a petition by David Lynch, of James S. Jackson Construction Co., for a variance from development standards to allow flood-proofing measures that require human intervention or an outside source of electricity. The property, owned by Zimmer Holdings, is at 1113 W. Lake St., Warsaw. The plan is for the addition of 690 square feet to a loading dock. There were no remonstrators.
• Re-elected Dalton as board president and Keeven as vice president for 2026.
