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One Denied, Another Approved

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WARSAW — Two request for use variances to place an accessory structure with no principle buildings were similar but different. The Warsaw Board of Zoning Appeals heard both requests Monday evening during its regular meeting. One request was denied, while the other approved.

The request by Ed Crousore to put a garage on a now vacant lot, at 423 E. Arthur St., Warsaw, was denied. A similar request by Paul Henning, but on an undeveloped lot on Hitzler Street in the Lakeside Park addition was approved. Both requests were in residentially zoned areas, however, one location is a buildable lot, while the other has been deemed as unusable for building a residence.

Tim Dombrosky, assistant planner, reviewed the five criteria a variance needs to meet along with highlighting the city’s code regarding accessory buildings. He stated the regulation of not allowing a free standing accessory structure with no principal use structure is to keep more accessory buildings added and potentially becoming rental buildings, and sliding into commercial use.

Dombrosky stated the lot had contained a four-unit rental house. which was destroyed by fire several years ago. It is surrounded to the west by commercial, to the south by a parking lot, and to the east is the Salvation Army building. Because a home could be built on the lot, it does not meet the criteria. In his statement to the board, to deny the request, Dombrosky stated “ I do not believe there is anything peculiar about this property that warrants a variance or the restrictions of the zoning ordinance constituting a hardship in the use of the property.”

Crousore stated he would like to purchase the property to put up a storage facility for work on personal vehicles. The proximity of the lot to area parts stores made it desirable to him. He had planned on erecting a 1,200 square foot garage structure that would include a restroom and kitchenette.

During the board’s discussion concern was expressed about there not being a principle structure on the site or the owner residing in the immediate area to keep an eye on the property. Crousore resides across town.

Henning’s request dealt with property never developed and unlikely to be developed in the future, due to the grade of the property and high cost to provide sewer. Dombrosky stated there is a hardship that exists with the property.

While no prior comments were received regarding the request, Carl Bevins, a neighbor, stated he appreciated the fact something was going to be built on the lot. “It has grown up (with weeds and grass). If someone owns it they will take care of it. I would love to see him put a building (there) I welcome him.” Bevins added that he has notify the city regularly regarding the upkeep of the lot and at taxpayers expense the lot has been mowed.

Henning plans to build a 24-foot by 30-foot two-car garage type building, built to the residential standards, for a woodshop. He stated he resides at the condominiums on Pike Lake, one-half mile away. When moving to the area he had to give up his woodshop and has been looking for property to build a small building to keep his vehicle in during the winter and a private woodshop.

Keeven and other board members agreed this variance request was different than Crousore’s request as the circumstances. It was approved unanimously.


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