Apartments In Claypool Put On Hold Again
By Deb Patterson
InkFreeNews
WARSAW – Requests by Sky Team Properties and Jon Fussel for exceptions and variances on properties in Claypool were once again continued Tuesday morning, March 9, by the Kosciusko County Board of Zoning Appeals.
This time the continuances are indefinite until documentation from the State Fire Marshal’s Office and Indiana Homeland Security are in hand.
Sky Team Properties has been seeking a zoning exception for the purpose of allowing 11 apartments in a commercial district – a location referred to as the old funeral home, located at 110 S. Main St. The variance requested allowing the apartments in 13,96-square-feet with no off street parking when 28,000-square-feet is required for the apartments and 44 parking spaces.
Fussel was seeking an exception for the purpose of change and alteration of a nonconforming use at the old post office, by allowing three commercial uses and up to nine apartments with only six on-site parking spots in a commercial and public use districts. The property is located at 113-115 S. Main St. The variance would allow providing 23 off-street parking spaces at 110 S. Main St. when the ordinance requires 74.
It was also noted property at 203 S. Main St., would be used for parking.
Dan Richard, planning commission director, noted previously the BZA continued the requests until four matters were addressed: site plan, a letter of compliance from the state fire marshal’s office, safety issues addressed by Homeland Security and a letter of consent from the Claypool Town Council. Only the site plan and consent letter have been received.
A property manager was present to address issues he has been having in getting a response from the two government agencies. “I finally received information and have submitted the information,” he stated. But he had no idea how long it would be before he received a response, or could not provide the BZA with a time frame of when he might be back. Ron Robinson, board member, encouraged the property manager to contact the Claypool Fire Chief to help get things moving along.
Steve Snyder, representing Gary Huffman, an adjacent property owner to the old post office property, stated the off-street parking concern appears to be satisfactory, but there is still a need to make sure a building permit is acquired and if the building needs sprinklers, it gets sprinklers. “We don’t care if it takes until July 2022 to get done.”
Lee Harman, board president, noted the urgency for the project is on the petitioner’s part, not the board’s. He noted they want to make a profitable venture, but are treading water … sitting and doing nothing and to put it back on them to return instead of rehashing the issues each month.
It was noted if the requests are continued beyond the three months, the procedures of advertising and other costs would start over.
In another continued case, the board approved a variance for Benjamin Reed at 982 E. Hawthorn Drive, Warsaw, to allow his home to remain as constructed 29 feet from a north right of way where 35 feet is required. The variance was necessary due to an error of the contractor, Stonehill Homes.
Blake Doriot, of B Doriot and Associates, represented the contractor stating the error occurred when the home was built and found when a survey location report was made when the house sold. He pointed out he or his crew will be checking out every one of Stonehill’s homes in the future to limit this from happening in the future. “Just clean this up, make it known. It’s over. It is what it is and there will be no addition in the future,” said Doriot.
Noting the home was 6 feet over the requirement, Randy Cox, board member, noted “I can’t see penalizing the homeowner,” and made a motion to approve the setback.
During the discussion, Richard noted there have been problems with Stonehill Homes starting projects without permits and not being within setbacks. It was stated there were three to four homes in this subdivision that have been found to be in violation. Doriot commented he is working with Steve Carlisle, owner, to “get in line on what needs to be done, how it needs to be done and there should not be any errors of this magnitude.” He further noted he has had a nice long hard discussion with Carlisle and if he wants Doriot to continue as his land surveyor and engineer he “has to play the game by the rules.”
Following the approval of the variance, the board held a brief discussion regarding Carlisle’s violations. It was noted he would be put on notice and if there are further issues, it would result in penalties.
During other matters, the board:
- Denied Silver Lake Storage’s request for an exception to build a 30-by-90 foot storage unit instead of the approved 20-by-90 foot storage unit The variance request to construct the building 24.5 feet from the right of way was also denied.
- Approved a request by Robert Aldering, 8817 E. Crow Road, Syracuse, to construct a second story deck, but not to extend further than the edge of homes on either side.
- Approved a variance for Oscar Garcia at 6562 W. 500S, in Seward Township, allowing a mobile home to reman on the property outside of the 35-foot right of way setback. Garcia is required to move the home 10 feet further back on the lot.
- Approved a request by Carl and Amy Franklin to build a new home at 72 EMS D25 Lane, Van Buren Township, but the structure is to be no closer than the existing home, determined not to be within the required setbacks.
- Approved a variance for Daniel Barr to allow a shed to remain as placed 3-feet 6-inches from the north property line at 228 EMS W17 Lane, in Tippecanoe Township.
- Approved a variance for Matthew Wilhite to construct an 18-by-25-foot detached garage 10 feet from the north right of way at 404 N. Fourth St., Pierceton.
- Approved a variance for Patricia Pentecost at 6398 W. Roy Drive, Seward Township, to allow a reconstructed deck remain 2.5 feet from the east side and 19-feet 9 inches from the south right of way, a deviation from the original approval.
- Approved three additional lots at Pine Bay Resort, 9 EMS B43A Lane, in Tippecanoe Township.
- Approved an exception, with conditions, for Kosciusko County ABATE to hold Hawg Waller at 5227 E. Old Road 30 in Washington Township.
- Approved an exception and variance for Warsaw Storage permitting outside storage in an area designated for future building, and a variance allowing an outside coverage area of 150,000 square feet temporarily and 60,000 square feet permanently. The property is located at 4416 N. SR 15, in Plain Township. The approval included stipulation some type of screening be added.