By Maggie Kenworthy
WARSAW — The Kosciusko Board of Zoning Appeals held a two-hour meeting Tuesday morning, July 14. The request that caused the most discussion involved Sparkman Family Auction, 3805 S. Industrial Drive, Warsaw.
Area Planning Director Dan Richard explained that in 2018, Sparkman Family Auction received permission to run an auction business in an Industrial II District. The approval came with eight conditions, including that auctions would only occur on Saturdays and office hours would occur on Sundays. In addition, auctions were to only be held inside the building or in the fenced-in area.
Richard explained that the business was frequently in violation of these conditions, which caused the planning department to receive a repetition of complaints.
On Today, Will Sparkman, representing Sparkman Family Auction, petitioned for an exception to allow the change and alteration to the previously approved hearing. Now, the exception requests the use of all of the outside area for auctions, parking and display. In addition, operations, including retail sales, would be allowed seven days of the week.
“With what’s going on with COVID-19 right now, there’s a lot of programs out there to help small businesses stay open and get through this pandemic,” said Sparkman. “I, otherwise, have someone trying to shut us down by restricting what we can do there.”
Sparkman explained that auctions will still be held on Saturdays. The other days of the week the office will be open for business to allow for pick-ups and non-auction sales. In addition, Sparkman said that he will complete the installation of fence screening within the next two weeks.
After a lot of back and forth discussion, it was agreed upon that a better description of the property use is retail sales with auctions.
Erin Kosins, owner of the property, was present to support Sparkman Family Auction.
Neighbor Sue Zellers was present to object to the request. Her main concerns were that the property was not in compliance, that the fence line was not completed and that trash frequently blows onto her property from the business.
“I’m just concerned as to he’s not followed anything he’s supposed to have done and he wants more now,” said Zellers.
Chairman Lee Harman shared his thoughts on the request.
“The best predictor of future performance is past performance. Like Zellers, I’m concerned that you, Mr. Sparkman, have not conformed to these things that were laid out in our original agreement,” said Harman. “At the same time, it is America and a person should be allowed to grow a business. Personally, I’m in support of that but I’m disturbed by your past performance.”
Based on those comments, the board approved the request with the condition that a detailed outline of conditions for the business operations is drafted within 30 days.
The next Kosciusko Board of Zoning Appeals meeting will be held at 8:30 a.m. on Tuesday, Aug. 11.
In other news, the board:
- Approved an exception request made by Fred Grote, 6943 E. Eli Lilly Road, Syracuse, to have chickens in a residential district. Six hens will be permitted on the part of the property that is located across the street from the lakeside lot.
- Approved an exception request made by Kurt Westman to build an oversized accessory building on the west side of Waco Drive, north of Ideal Beach Road in Syracuse.
- Approved a variance request made by Mike Baur, 8671 E. Wesley Lane, North Webster, to allow the construction of an open deck residence addition within 28′ from the water’s edge.
- Denied a request made by Lavone Miller, 1188 E. Northshore Drive, Syracuse, to allow the addition of an attached garage 35.5′ from the right-of-way and 3.16′ to the west property line.
- Continued a variance request made by Eric and Phoebe Helvie, 33 EMS B42A Lane, Warsaw. The request is for the construction of a garage 4′ from the east property line and 8.7′ from the north right-of-way.
- Approved a request made by Sam Wilson, 404 N. Indiana St., Pierceton, for the construction of an attached garage with a deck on top located 5’4″ from the right-of-way.
- Continued a variance request made by Orville Haney, 4708 S. Caldwell Lake Drive, Claypool, for the construction of a carport 11′ from the right-of-way.
- Approved a variance request made by Ronald Bame, 39 EMS B16 Lane, Pierceton, for the addition of a deck and carport.
- Approved an exception request made by Micaiah Grindshaw, 2839 East CR 1300N, Syracuse to allow a home occupation for auto repair and parts sales. With home occupation, no outside storage of vehicles or parts is permitted. Grindshaw was granted six months to bring the property to compliance.
- Continued a variance request made by Jeff and Sirena Morgan, 8136 E. Cherokee Road, Syracuse, for the construction of a detached garage 5′ from the west sideline, 8′ from the south right-of-way and 15′ from the north water’s edge. The case was continued in order to receive feedback from the property owner’s association.
- Approved a variance request made by Teddy Hall, 5189 West CR 200S, Warsaw, for a pond to be dug within 35′ from the east sideline.
- Approved a variance request made by Garry Case, 5607 West CR 850S, Claypool, for the placement of a new residence 21′ from the right-of-way and a garage 14.4′ from the right-of-way.
- Approved an exception request made by John Klinefelter, 1398 Chapman Lake Drive, Warsaw, to allow a legal, non-conforming lot to be re-platted with only 20′ of owned frontage.