A use variance request to the Warsaw Board of Zoning Appeals Tuesday evening resulted in a slight neighbor dispute over current conditions of the requester’s property.
Everett Compton, 1912 LaVista Drive, Warsaw, requested a use variance for a small engine repair business in a residential area. While the variance was granted with contingencies, a neighbor behind his residence and across the railroad tracks, complained about the unsightliness they have to view on the back of the property.
Two campers, boat, barrels, appliances, vehicle, large stacks of wood and other items were noted by Brian and Jill DeBatty, 1908 Short Ridge Drive. They claimed the “junk” encompasses 80 feet by 40 feet of the back property. Their fear was with the small engine business that area would get worse as well as the traffic the business would cause in an area with families riding bicycles.
Compton added the DeBatty’s also had some unsightly items as did others in the neighborhood. During the discussion it was brought out no one had spoken to the others about the issues nor had city officials been contacted to look into potential code violations.
While it was pointed out the items noted were a separate issue for Code Enforcement, city attorney Mike Valentine noted there could be contingencies added to the approval.
Tim Dombrosky, assistant city planner, stated city code does cover some of the items — vehicles must be plated, in running condition and parked on a hard surface.
Compton, who had stated he had planned on keeping all repair items inside a newly built 24-foot by 26-foot building, was given an option to clean up the area or build a privacy fence around the property. Tammy Dalton, who spoke of her experience in the real estate business, stated a fence wouldn’t cut it as in most cases more items are stored on property, hidden by the fence.
Board members went back and forth on giving the option of cleaning the property before the permit was approved, or having Compton place a fence. Valentine stated he needed something tangent to take to court, should the need arise.
Rick Keeven, board vice president who chaired the meeting, outlined the contingencies, which board members voted unanimously to approve with the variance. The contingencies are: only a 1-foot by 1-foot sign be placed on the building, Compton be the only employee, vehicles be put on a solid surface and he fully cooperate with code enforcement. Should there be any negative report from Code Enforcement the variance will be revoked. The permit would also be reviewed in six months.
It was noted by Dombrosky with the approval of the variance, the property and neighborhood would be under more scrutiny than before for any violations.
During other matters the board approved a request by Marco Matavuli with Homestead Buildings, for a variance from development standards for outside accessory structure sales at 415 E. Winona Ave., Warsaw. He plans to place four portable buildings on the paved area at that location. The buildings will include two 8-foot by 12-foot buildings, one 10-foot by 16-foot and one 12-foot by 16-foot building.
City ordinance on accessory structures: height, size and setback regulations, would need to be followed.
The final matter was a review of the board’s rules of procedures, adopted in February 2000. Initial comments on unknown procedures and those not followed according to the wording, along with corrections on wording and typographical errors began. However, it was quickly decided each board member review the procedures and make what changes they felt are necessary for discussion at the June 22 meeting.