
WARSAW — Monday, June 26, at the Warsaw Board of Zoning Appeals meeting, board members discussed a request for a use variance to permit retail sales in an R-1 zoning district. The request was submitted by Jennifer Cullins, who stated she would like to refurbish antique furniture and sell it on her property, located at 1819 Fisher Ave., Warsaw. Cullins further asked to be allowed to place a small, hand-painted sign on the property advertising her business and requested she be permitted to display items in her driveway to attract potential customers.
R-1 zoning districts in the City of Warsaw are typically the most restrictive of residential districts. These districts include low-density, single-family residential areas and open areas where similar residential developments are likely to occur.
Two of Cullins’ neighbors were in attendance to voice their objections regarding the business. Greg White stated his property borders Cullins’ property to the south. White said he has lived there for 24 years and has tried to update, improve and maintain his property with the goal of someday retiring and selling it for more than what he bought it for. He feels the business would hurt his property value. Another neighbor, Larry Hanes, has property to the north of Cullins. Hanes stated, “I could touch her garage – it’s that close.”
“I am totally against this,” Hanes said, citing inadequate parking as one of the reasons for his opposition. He added, “I don’t think she’s thought this through. What if someone slips on ice on her property during the winter? I don’t know if she’s thought about the liability she’s going to be involved with.” Hanes concluded his objections by stating, “If for some strange reason you do approve this, I’d like a privacy fence to be included around her whole property so we don’t have to look at it.”
Another neighbor, though not in attendance at the meeting, expressed her feelings through a letter sent to Warsaw Assistant City Planner Justin Taylor. The letter read, in part, that there would be difficulty coming and going from the residence due to the location. The writer stated, “It is very tricky, not a good place for a business,” and voiced her fear that if the business was approved, it could potentially encourage other residents to petition for variances, ultimately leading to a situation where the general area would become commercial.
Historically, retail sales in an R-1 zoning district have been frowned upon by the Warsaw Board of Zoning Appeals. Taylor stated he was unable to locate a single approved use variance in an R-1 zoning district that involved on-premise sales, although there were several approvals for home occupations involving repair services.
Board members determined that retail sales in an R-1 zoning district would have a negative impact, and a motion was made to deny the request. The motion was approved.
In other news:
- The next regular meeting is scheduled for 7 p.m. Monday, July 24.
- May meeting minutes were approved.
