The property, located at 1160 Executive Drive, borders US 30 and CR 150W.

WARSAW — The Warsaw Board of Zoning Appeals approved all five requests presented at their meeting Monday, June 25. 

In the first case presented, Petitioners Robert and Cathy Barth requested a variance to permit the subdivision of lot 24 in Lightfoot & Musselmans Addition. The subdivision would create two equal lots of 4,349 square feet. There are currently  existing residential structures and parking on the proposed lots.

Assistant City Planner Justin Taylor said equal or comparable older lots are within the area that are currently less than the 7,200 square foot minimum lot size for an R-2 zoning district. The proposed subdivision would meet all additional lot requirements and not have an adverse affect on the surrounding neighborhood. Each lot will have adequate access to various utilities and meet all additional lot development standards. The planning department advised that this case could be viewed favorably.

Greg Cobb represented Freedom Oil, requesting approval for two freestanding signs, both exceeding the maximum  sign height limit in an I-2 zoning district, with one sign having a maximum height of 26 feet and the other sign having a maximum height of 27 feet.  

The property, located at 1160 Executive Drive, borders US 30 and CR 150W. The development standards for an I-2 zoning district are one sign per interior lot, two signs per corner lot; 12-foot maximum height; 120 square feet per sign. Surrounding properties have signs that exceed the height limit on freestanding signs, including multiple billboards, the Medtronic sign and additional signs in close proximity along US 30. 

Taylor said it seemed practical to grant a variance, with the possibility of approving the height of the sign along US 30 to a maximum of 24 feet, and the sign along CR 150W to 20 feet. The proposed signs comply with all of the other development requirements. There was some discussion by board members, as they wondered about the height of the Meijer gas sign along US 30. A motion was eventually made to allow a 20-foot sign along CR 150W and to allow the sign along US 30 to be comparable in height to the Meijer gas sign but not above 27 feet.

Timber Rock Construction sought approval for a 3-foot variance from a 25-foot front yard setback. The petitioner wishes to construct an attached garage to a house. The proposed location of the new house and attached garage adheres to the rules regarding vision and clearance of the city ordinance. The majority of homes within the immediate area meet the required setbacks, with just one additional home in the block at or around the 25-foot or less setback standard.

Taylor stated that while the variance would not hinder or devalue adjacent properties, it would not be consistent with the setbacks of the surrounding block. The proposed property and adjacent properties are located within the floodplain.Taylor stated it is reasonable for the BZA to consider the difficulty of building in a flood hazard area, as well as the lack of impact the additional 3 feet will have on the surrounding neighborhood, adding that it would be reasonable for the BZA to grant this request. 

Petitioners Jeffery and Renea Salyer sought approval for a detached garage in the front yard of their residence, located at 555 Ross Avenue. Current zoning regulations do not allow accessory structures to be located in front of the principal structure on a residential lot. The petitioner’s property is located on Pike Lake, which per Warsaw’s code, treats both the street side and lake side as front yards. This can potentially create a hardship when locating a detached garage or other accessory structure.

The proposed garage sits approximately 65 feet from the road and will not negatively impact the visibility of traffic entering and exiting adjacent properties. This property is also located within a flood hazard area. In considering this variance, Taylor stated, it is reasonable for the BZA to consider the difficulty of building in a flood hazard area, as well as the lack of impact the detached garage will have on the surrounding neighborhood. Taylor stated it would be reasonable for the BZA to grant approval for the request.

The last item on the agenda was a request from David Decker, of 509 Columbia Street, to permit a 21-foot high accessory structure within an R-3 zoning district. 

The property is designated as high density residential, Taylor explained, and additions to homes in this area should be encouraged to maintain value in a competitive market. Taylor said the proposed height variance would be significantly less intrusive than a multi-family development with a maximum height of 35 feet. However, any variance granted should not be higher than the existing principal structure, as stated in the ordinance. Taylor concluded that it is the opinion of the planning department that this case could be viewed favorably. 

Other News:

• The next regular meeting will be held at 7 p.m. Monday, July 23.

The Medtronic sign along US 30.

Petitioners Jeffery and Renea Salyer sought approval for a detached garage in the front yard of their residence, located at 555 Ross Avenue