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Ameriprise Financial has found a new home on East Center Street after the county acquired its former location at 225 N. Buffalo St. for a potential parking garage through the eminent domain process.
Monday night, Jennifer Kingston, Ameriprise franchise owner, petitioned the Warsaw Board of Zoning Appeals to allow a commercial business in a residential zone at 1029 E. Center St., along with signage.
Assistant City Planner Leah Parker told the board, “The petitioner is seeking a use variance to permit the operation of a commercial business and the installation of signage in an (Residential-2) zone. Pursuant to city code, the intent of the R-2 district is to provide for an environment of medium density dwellings with related uses. The subject property is an existing nonconforming use. The petitioner seeks the requested variance to ensure that, in the event the structure is damaged or destroyed by 75% or more of its replacement value as a result of a catastrophic occurrence, the commercial use may be reconstructed on the property.”
Additionally, she said Kingston seeks approval to install a freestanding sign. Freestanding signs are not permitted within an R-2 zone, and monument signs are the only type of signs permitted. Parker said the proposed sign would otherwise comply with the applicable dimension and design requirements of the city code if located within a district where it was permitted.
The Warsaw Planning Department recommended the board grant the requested use variance to permit a commercial business within the R-2 zoning district.
“With respect to the sign, the Planning Department recommends approval of the freestanding sign, subject to the condition that the petitioner comply with the landscaping requirements appliable to monument signs set forth in the code,” Parker said.
City code states the sign shall incorporate at least one of the following decorative features: landscaping around the base of the sign equal to half the area of the sign face; decorative brick embellishments around two sides of the sign; or an alternative design feature if approved by the Planning Department.
Attorney Steve Snyder, representing Kingston, said, “As most of you probably know, the county instituted eminent domain proceedings against Jennifer’s current location at 225 N. Buffalo. Those have been concluded by negotiation, and she, of course, had to find a place to relocate.”
In December the Kosciusko County Commissioners approved a purchase agreement amount for the Buffalo Street property for $475,000.
“Looking around, this property became available. It suits her needs quite well, and as we were looking through the prospects of purchasing it, I did a little zoning investigation and found that its use had never been approved by the Board of Zoning Appeals at any time,” Snyder said of the 1029 E. Center St. property.
Helvey & Associates is just to the west. Snyder said Helvey expanded to the east to the 1029 E. Center St. property, and one can tell because of the shared access onto Center Street. Snyder did not know if the building at 1029 was occupied to any extent at this time but believed it was when they negotiated with them.
“We don’t plan on changing anything, except adding the sign,” Snyder said. “... It’s a unique property from the standpoint that its use has been supplemented by adequate parking, good access off Center Street, commercial area, obviously, immediately to the west - the Helvey operation. Other commercial occupancies within a block or a block and a half. And the shared access on Center Street is an advantage in that we don’t need a new curb cut for this. That will continue.”
He said they will meet the requirements for a monument sign.
“But we have presented you with something that will essentially be no change from what’s there, and will be low volume from the traffic standpoint. More than adequate parking, and won’t really have any effect on the neighborhood because we’re continuing the same operation with virtually no changes, again, except the sign with some low landscaping around it,” Snyder stated.
Board member Duane Huffer said there was a parking lot in the back and asked if there was screening to hide that parking. Snyder said there was no screening in the back, other than some tree growth.
“So if there is to be a requirement for the approval that there be some form of screening, either in the form of a green fence or a solid fence, we will take care of that, depending on what your conditions for approval are,” Snyder replied.
Board President Tammy Dalton said if you look at the aerial photos, there didn’t appear to be any buffers along the lot lines. Snyder said there were just essentially trees and they’re not going to provide screening.
There were no remonstrators to the petitions.
Board member Zach Tucker made a motion to approve the requests. Huffer said he wanted to add to Tucker’s motion there be screening along the back lot. Snyder said that wasn’t a problem but he wanted a definition of screening; whether it’s a fence or live screening; and if it was live screening, then a height.
Huffer said he wanted live screening along the north property line, with the live screening to be a minimum of 36 inches tall.
The motion was approved 4-0.
