Zoners Approve Variance for Hand-Painted China Sign
Posted
Jennifer Peryam-jperyam@timesuniononline.com
Warsaw Board of Zoning Appeals Monday approved a variance from development standards to permit a 1-square-foot freestanding business sign in a residential district.
Petitioner Rosella Hawkins requested the sign be located outside her home at 1503 E. Fort Wayne St. where she has operated her hand-painted china business since 2001.
However, the vote was not unanimous as board member Rick Keeven voted against the variance.
Board members Mary Ellen Rudisel-Jordan, Derrick Haniford, president Tom Allen and Tammy Dalton voted in favor of the variance.
The board approved the variance based on three criteria.
The criteria were that the requested use will not be injurious to the public health, safety, morals and general welfare of the community; the use and value of the area adjacent to the property will not be affected in a substantially adverse manner; and the strict application for the terms of the zoning ordinance will constitute an unnecessary hardship in the use of the property.
City attorney Mike Valentine requested the board consider the criteria when making a decision on the variance from development standards.
Keeven said in 23 years he has served on the board, he is not aware of the board ever granting a request for a home business sign.
“Signage is like raising kids, what you do for one you have to be prepared to do for all,” Keeven said. “You grant one exception without any rational basis you are going to have everyone coming in here looking for an exception.”
He said he cannot with good conscience grant a sign variance, and deny the hundreds of others who will request a sign variance.
Keeven said his vote was nothing personal against the Hawkins, and said he wished everyone success for whatever endeavor they have in town. He said the Hawkins’ handiwork was excellent.
Rosella’s husband, Gilbert, attended the meeting with his wife to show support for the sign variance.
Jim Heierman and Craig Nayrocker, Warsaw residents, said they supported the sign variance.
The Hawkins have operated the business out of their home since 2001.
Jeremy Skinner, city planner, said at the 2001 board of zoning appeals meeting, the Hawkins were granted a special exception for a home occupation at the Fort Wayne Street property.
Haniford asked if the city has received complaints regarding the freestanding sign. Skinner said no complaints were received from surrounding property owners.
Tim Dombrosky, assistant city planner, said there was confusion in the 2001 BZA meeting minutes.
The couple thought they had asked permission to allow a freestanding sign in their yard advertising their business.
The minutes from the 2001 BZA meeting did not indicate the freestanding sign was approved, Dombrosky said.
The city sent the Hawkins a letter earlier this year informing them the sign ordinance prohibits freestanding signs advertising a business in a residential-zoned district without a variance from development standard.
Rosella said she took down the sign, and has lost business this year because of doing so.
She said in 2003 someone stole the sign in her yard and she had to purchase another, and someone also spray painted the sign that she had to replace.
Rosella said she had been operating the business under the assumption she was allowed the signs for the past 10 years.
Rudisel-Jordan asked Rosella if she sold the hand-painted china as a hobby or business.
Rosella said she sells it as a business, and she pays taxes to the state for her business.
She said being a senior citizen, the income she receives from the business helps.
