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An argument from one Warsaw Board of Zoning Appeals member against a variance for Three Crowns Coffee didn’t sway the other four members enough to deny the request, though they limited their approval to a coffee shop instead of a restaurant.
The BZA voted 4-1 Monday to approve a use variance for petitioner John Foster to allow a business in a Residential-3 zoning district at 347 N. Buffalo St. The building is the former Refior Law Office.
In presenting the petition to the board, Warsaw Assistant City Planner Leah Parker said the petitioner was seeking permission to allow a restaurant in an R-3 residential zone. “The intent of this R-3 district is to create a predominantly residential environment, but it also includes schools, parks and some professional and commercial uses which serve the neighborhood,” she said.
Three Crowns is currently at 941 N. Detroit St. and they would like to relocate, Parker said. They plan to have about 15 tables, currently there are 11 parking spots and hours of operation will remain the same.
“Something else to consider with this variance is the parking,” Parker said. “The Warsaw Municipal Code for drive-in restaurants states ...”
BZA member Duane Huffer, a retired judge, then interrupted Parker and asked her why she called it a drive-in restaurant. Parker replied, “Because you can park,” adding that was the way the ordinance was written before her time. Huffer said it should just be called a restaurant and there should be different code for restaurants and drive-in restaurants.
Parker then continued, saying for parking the city code for drive-in restaurants states there must be “one per two employees; plus one per three persons at maximum seating capacity; plus one for every curb space.” The anticipated use of the parking based on the ordinance is four for the residential area upstairs, one for employee parking and “given that maximum capacity of the restaurant will be about 40, maybe more, 15 parking spaces are needed, and as it stands, as I said previously, there are 11.”
However, Parker continued, the anticipation is families from the park will walk over to the restaurant so not as many parking spaces will be needed.
Board Vice President Rick Keeven asked if the Planning Department gave a recommendation on the petition. Parker said they are “neutral” on the request.
Huffer then brought up the 15 tables and asked if there would be seating for four people per table, because then 20 parking spaces would be needed just for the restaurant under the zoning ordinance. Parker said at the time they calculated for two people per table but was unsure of the number because some were four and some were two.
There were no remonstrators to the petition.
Foster said, “We’ll be taking over that property from the Refiors this summer. What we hope to do is take our family business, owned by my son-in-law, Obadiah (Clemans) and his wife. They’ve been in the location where they are now for about the last five years. They’ve shown themselves to be a very nice part of the community and very helpful, not dangerous to anybody.”
He said they want to move the business to a more scenic area with safer traffic patterns and less noise pollution, “which would be the Refior property.” He said they want to be part of the planned redevelopment of the area, with a small coffee shop and part of the building being an AirBnB.
“I think that would be a nice little addition to the area,” Foster stated. “As far as the parking, yes, there is a lot of parking on the street.”
Keeven asked what their menu would be and if it’s primarily a coffee shop. Foster said it’s primarily coffee, with a few baked goods, and he believed the Ramen on the menu will be removed. It will be a walk-in only and no major renovations are planned for the exterior.
As for the number of employees, Clemans said typically he has between two to six, but right now he has four. There’s usually one or two working with him at a time, depending on how busy they are.
After the hearing was closed to the floor, Huffer said he had a “big problem” with the variance request, though he thought the idea was great.
“However, we don’t have the proper zoning for it, and I don’t think we should have it by a way of a variance,” Huffer stated. “We don’t meet the criteria of our ordinance or Indiana statute in regard to a variance. We have to show special conditions. What are the special conditions on this property? It’s an R-3.”
He said there may be other plans for the area, but they haven’t been changed by ordinance. “We have to follow the rules,” Huffer stated. “If we do grant a variance, it’s under permitted uses. They provide for special exceptions for certain cases, and this is not one of those permitted ... so it has to be a variance.”
A variance has to show unnecessary hardship, but Huffer didn’t see one.
“It’s a great idea, but we don’t have the right vehicle for it. It needs to be rezoned, not be granted a variance,” Huffer said.
If Three Crowns goes out of business, he said there’s a variance on the property that allows a restaurant there and parking would be an issue. He told the board they need to think about the future, not just the petition before them.
City Planner Justin Taylor said Huffer had some good points, but the BZA could approve the variance for a coffee shop only, not a restaurant.
Keeven said across the street from the Refior property, there’s eventually supposed to be a combination of offices and businesses, too, where the former water company building was so it’s not a foreign idea of there being restaurants in that area eventually. Keeven also said he was familiar with the Refior property and it was more offices than residential.
Huffer eventually made a motion to deny the petition, but no one seconded his motion.
Keeven then made a motion to approve it for the purpose of a coffee shop, with member Zach Tucker providing the second to the motion. The motion passed 4-1, with Huffer opposed.
Parker asked the BZA to clarify if the coffee shop could include baked goods or not. The board said yes to general coffee shop items.
Fencing For Carpenters
In the other petition before the BZA on Monday, Christopher Eberhardt requested a variance from development standards at 2320 Hidden Lake Road.
Parker said the petitioner filed for a variance from development standards to allow an 8-foot fence in a Commercial-2 zoning district where the fence is not to exceed 6 feet. She said there are two fences being installed, with the first being a dumpster enclosure as required by the city of Warsaw, which would be 8 feet; and the second is fencing that surrounds a storage area, also 8 feet.
The proposed fencing was reviewed by the Warsaw Planning Department and they did not see any issues with the proposal as it otherwise adheres to the Warsaw Municipal Code, Parker stated.
Keeven asked what the rationale for the 8-foot fences was. Parker said she didn’t know specifically, but she assumed it was to hide the storage and dumpsters.
Jeff Blair, a representative of Central Midwest Regional Council of Carpenters, said they wanted to install an 8-foot fence on the south end of the building as there will be some material storage and equipment out there. Not only will it be for appearance, but also some added security. As for the fencing around the dumpsters, he said the dumpsters are about 6 feet tall and an 8-foot fence will help hide them.
Asked when they expect to move into the building now under construction, he guessed somewhere around June or July 2027, but hoped it was sooner.
“We’re excited. It’s going well,” he stated.
There were no remonstrators to the petition. The BZA approved the petition 5-0.
