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With the return of board member Dan Hampton Monday, Warsaw Board of Zoning Appeals voted in favor of city planner Jeff Noffsinger's recommendation to allow Dr. Richard Carman to build an addition to his storage structure at 1390 Country Club Drive.
This issue came before the board at the Sept. 25 meeting. Neighbors opposed the addition to the building, saying there were several ordinance violations. According to the remonstrators' attorney, Steve Snyder, the ordinance states that no accessory building shall be erected before a primary building unless it is used for residential storage prior to building the primary structure.
Sndyer also said the only time a stand-alone accessory building is allowed without a primary residential building is for storage prior to building the primary building. Snyder said Carman is expanding something that should not have been issued a building permit.
Noffsinger said his interpretation and that of city attorney Mike Valentine is that the structure is in legal use according to the ordinance. Noffsinger said it is a matter of interpreting the English language.
The board voted to table the issue last month because Hampton was absent.
At Monday's meeting Valentine said the ordinance needs to be changed because it is so vague there is room for abuse.
In other business:
• Jodi Lozano of Catch the Fire Christian Fellowship Church requested a use variance for a church at 822 E. Winona Ave.
Noffsinger said there is plenty of parking across the street. "Parking is not an issue to me," he said.
The main question is whether this is an appropriate use for the area.
Lozano said the church will be used for counseling and small services. The building will be open from 9 a.m. to 5 p.m. five days a week with five employees. She said there shouldn't be a traffic problem, and there are plans for a day care ministry in the building.
The board granted permission but BZA president Alan Clingan said Lozano will have to come back before the board for a use variance for the day care.
• Othy Inc. at 937 N. Detroit St. requested permission for a 5- foot, 6-inch side yard setback to build an accessory structure. This was approved.
Dan Miller of Miller-Silver, LLC requested permission for yard setbacks at four lots in Silver Fox Ridge. The requests were for a 14-foot, 9-inch rear yard setback on lot 9, a 17-foot rear yard setback on lot 10, a 6-foot side yard setback on lot 11 and a 6-foot side yard setback on lot 12. All four requests were approved.
• The last item the board considered was Francisco Salgado's request for a fence on his property at 548 Main St. Councilwoman Trish Brown is an adjacent property owner.
"I'm more comfortable with this fence than without it," said Brown.
The request was approved.
Board members include: president Alan Clingan, Bruce Woodward, Leigh Ann Denlinger, Richard Keeven, Dan Hampton and City Council representative Trish Brown.
