Zoners OK Recreation Facility, Table Fence Variance Request
Posted
Jennifer Peryam-jperyam@timesuniononline.com
Warsaw Board of Zoning Appeals Monday approved an indoor recreational facility in Warsaw that will offer cheerleading and gymnastics instruction.
The facility will be at 960 Executive Drive, and will be used as a cheerleading and gymnastics academy for ages 8 to 17, according to petitioner Tim Sammons.Hours of operation will be Monday through Friday from 4 to 9 p.m. and Saturday from 9 a.m. to noon.
The approval is contingent on adequate parking and lighting for each parking space, according to Board President Bruce Woodward.
During the meeting, Warsaw Mayor Ernie Wiggins swore in Diana Rhoades, who will serve as a voting member on the board of zoning appeals. She replaces Dan Hampton, who will serve as a Warsaw City Council representative and non-voting member on the board of zoning appeals. Hampton was appointed to serve on the city council during a caucus Sept. 16.
In other business, the board denied a request for a home occupation business by R. Leslie Gillett, doing business as Calico Fields, 2223 Brookview Drive, in an area that is zoned residential.
The proposal was to have a home occupation where soap, lotion, dog treats and deer scents would be made and then sold at an off-site retail location.
"We have created zoning areas for manufacturing, and I feel manufacturing is not approved for residential zoning areas," Woodward said.
Warsaw Fire Department submitted an unfavorable recommendation for the proposed home occupation.
Mike Wilson, WFD inspections chief, submitted a letter that stated the department had concerns of the product, Pels Caustic Soda Beads, being stored in a residential neighborhood.
"This concern is due to the hazards identification section referencing damage-corrosive that causes severe burns to eyes and skin," Wilson states in the letter.
He also states the substance may cause irreversible eye damage, and inhalation of dust is highly irritable and possibly corrosive to the upper respiratory tract.
The board tabled a request after lengthy discussion for a variance of use to continue to allow a 4-foot privacy fence within 10 feet of the front of the property line for lakeside property on Pike Lake at 2223 Bluewater Drive.
Petitioner Dr. William Bartol applied for and received a fence permit to construct a 6-foot privacy fence May 19 to run the length of the property to within 10 feet of the front property line.
In August, a complaint was received that the newly constructed fence ran to the front property line and exceeded the required maximum height, according to planning information.
Bartol is requesting a variance from development standards to allow a 4-foot fence within 10 feet of the front of his property line.
The board Monday tabled the variance to seek an advisory opinion in clarifying what defines as the front yard on lakefront property.
Approximately 15 adjacent property owners to Bartol attended the meeting to voice their opinions in opposition of the fence.
Patricia Yeiter, of 2128 Bluewater Drive, said the fence obstructs her view of the lake.
"When I purchased my property I did it for the view, and now that my view is being blocked by the fence I am concerned," Yeiter said.
Yeiter said if the 4-foot fence is continued to be allowed, and another person purchases a lot near her home and builds a fence the same height, her view of the lake will be completely obstructed.
Jim Fleming, of 2222 Bluewater Drive, said he also is opposed to the fence.
"The fence takes away from the value and looks of the property," Fleming said.
Woodward said the fence is legal.
"We, as zoners, are charged with whether to continue to allow the 4-foot fence instead of requiring a 3-foot height. The issue is not whether the fence should or shouldn't be on the property, that's a civil matter," Woodward said.
The board gave neighboring property owners until Oct. 20 to document to the building and planning department concerns on the height difference of the existing 4-foot privacy fence versus a 3-foot fence.
Copies of the letters will be provided to Bartol prior to the Oct. 27 board of zoning appeals meeting when the issue will be discussed again.
