Brian Peterson Group, 2000 E. Center St., Warsaw.

WARSAW — The Warsaw Board of Zoning Appeals heard three use variance requests at their monthly meeting held Monday, Feb. 26.

The first was from Petitioner P.J. Cox, who requested a use variance to allow a church to be located within a C-2 zoning district. The property, located at 1505 N. Detroit St., Warsaw, has been used for retail sales in the past.

The designation is not necessarily conducive for church facilities; however, places of worship have historically been granted permission to operate within C-2 zoning districts provided they did not appear to have potentially detrimental impacts on surrounding properties.

A church representative informed the BZA that there are currently between 20 to 30 church members, with typically seven or eight cars at each service. The parking lot is shared with Sherwin Williams on North Detroit Street. There are three parking spaces on the east side of the church. Once those spots are filled, members are instructed to park on the south side of the building near the loading docks. A manager at Sherwin Williams stated that they have had no issues with church members using their parking spaces and reported that they have a good relationship with the church.

The concern of the Planning Department is the lack of overflow parking in the event that the church congregation continues to grow. The Planning Department felt that the case could be viewed favorably if the petitioner could provide detailed information about how additional parking will be accommodated.

Cox said the church congregation has existed for 24 years, but has met at the Detroit Street location since the beginning of the year.

Board members Dan Smith and Tom Allen showed concern for where people can park, saying that property owners could be liable for damages if churchgoers’ cars sustained damage while in business parking spaces.

Cox stated that there are about 10 parking spots in the loading area of Sherwin Williams that can be used by churchgoers and wouldn’t interfere with any business operations.

“As of now, the congregation is a long way from needing additional parking,” Cox said.

The board approved the variance.

The second variance request came from Petitioner Brian Peterson, who asked for approval to permit greater than 65 percent impervious lot coverage. The proposed plan would create an impervious surface covering approximately 74 percent of the lot. Peterson explained that the extra hardscape is necessary to accommodate parking for a new structure with professional offices.

Increasing the impervious surface area for this lot will not be detrimental or out of character with the surrounding area due to there being numerous existing parking lots on adjacent properties. Peterson would still be required to adhere to the landscape buffering requirements for this particular area. It is of the option of the Planning Department that this case could be viewed favorably.

The board immediately approved the variance.

Petitioner Monica Adkins requested a use variance to allow a church to be located within a C-5 zoning district. The property, located at 3690 Commerce Drive, is currently a vacant lot. Adkins hopes to construct a new building to house a congregation consisting of 25 to 50 members.

City ordinances have placed restrictions on types of businesses, not only by zoning district but also by their proximity to other uses. The placement of churches, daycares, schools and parks impose geographic restrictions on existing and future adjacent uses. These restrictions would have a substantially negative impact on adjacent property values in this area.

Because the location of a church can impose restrictions on adjacent land uses which would have detrimental impact on their value, it is the opinion of the Planning Department that this case should not be viewed favorably.

Adkins spoke at the meeting, saying that currently her congregation meets every Sunday in the Titus Funeral Home dining area.

Allen stated that since a tattoo parlor and liquor store are in close proximity of the desired project area, the building could not be used as a church.

Property owner Jeff Hunter was also there to speak on behalf of the church, stating that he and Adkins were not aware of the ordinances.

The variance was withdrawn.

In Other News:

• The next regular meeting will be held at 7 p.m. Monday, March 26.
• Meeting minutes were approved for the Jan. 22 meeting.