Trevor Long found out Monday night at the Warsaw Board of Zoning Appeals how restrictive a Residential-1 zoning district really is. His petition was the only one denied by the board. He sought a variance to allow a home occupation business for the sale and repair of firearms in a Residential-1 zoning district at 1311 Saint Marys Drive, Warsaw. City Planner Jeremy Skinner said, “Historically, home occupations involving on-premise sales of goods in an R-1 zoning district have been frowned upon by this board as we have not approved any sales of anything in an R-1 zoning district.” The entire purpose of an R-1 is residential “so much so that it doesn’t actually even allow multi-family residential. It would just be single-family residences,” he said. Skinner said there have been several approvals for home occupations for repair services, but not sales. “The big issue with sales is there is no way to control the volume, nor should there be to allow the BZA or anybody else to be able to control the volume of that sales and the traffic that may come to and from. Also, it’s not within the characteristics of an R-1 zoning district. Home occupation businesses typically involve a home-based office so there would be someone who would use that as their office but they would leave the site and go work off-site and then come back. There is no additional traffic coming to and from those home occupations,” he explained. In R-2 and R-3 districts, he said more uses are permitted, but an R-1 is the most restrictive zoning. Based on that, Skinner said, “We would not recommend granting this request.” Board Vice President Rick Keeven said there were two letters against Long’s petition and asked if there were any more responses. Skinner said those were the only two responses received by mail or email. An email from Cindy Justice said she was against the firearms shop in her neighborhood because there are too many children for the additional traffic, she was very uncomfortable having gun sales in her neighborhood – though she would be OK if it was just a gun repair shop – and the petitioner has not exhibited responsibility for a barking dog. An email from Jeremy Mullins said he and his wife own two houses on Saint Marys Drive which they rent out. “This gentleman has no right to move in now and start to sell firearms. This is a residential neighborhood of families with children. Both of our homes are filled with children. I think it is absolutely ridiculous to even consider this petition. If he wants to have a firearm store and repair shop he needs to rent out one of our town’s fine storefronts and do that,” Mullins’ letter says in part. Mullins said he also was concerned about increased traffic and the proximity to the schools. Long told the board his business, Silver Lake Arms Depot, is currently active in Silver Lake. He said he received his license from ATF in January and was renting property in Silver Lake from his grandmother. He has purchased the property in Warsaw and wanted to move his business from Silver Lake to his Warsaw property. “The business is mainly focused on the service and repair of firearms, but due to the type of license I have, I am granted gunsmithing and selling of firearms. So far we’ve actually only sold two firearms,” he said. He can’t move his ATF license from the Silver Lake property to Warsaw until “we get zoning approval to do so,” he said. He said he could go down to a strictly gunsmith-only license, but all the work he spent over the last 1-1/2 years building his business up would “go to waste and I would have to start from scratch.” He said he’s never had an issue with what he does. Val Metzger, 1410 Ranch Road, said he was against Long’s petition because it’s a residential area, the neighborhood wasn’t conducive to a firearms store and there would be increased traffic. Board President Tom Allen said, “We’re not going to take issue with the fact that it’s firearms necessarily, even though that has to come into play. As my comments earlier put it, the focus is on starting a retail business in an R-1, which is prohibited by zoning.” Deciding that they had to follow the zoning laws, the board denied Long’s petition.
