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Warsaw Board of Zoning Appeals approved a use variance to allow a used car dealership in a Commercial-2 zoning district Monday.
Assistant Planner Leah Parker said petitioner Miguel Alvarez was seeking a use variance to allow a used automobile dealership at 601 S. Buffalo St., which is in a C-2 zoning district. In congruence with the Warsaw Municipal Code and the comprehensive plan, a C-2 zoning district is intended to “provide areas to be used for certain types of retailing uses, certain service uses along with wholesale and warehousing uses.” Any deviation from the ordinance would need approval from the board.
Parker also said the property appeared to have been utilized as an automotive repair facility for several decades and was grandfathered in within the district to continue such use. Alvarez was requesting a variance to ensure continued compliance with the zoning ordinance as they seek to transition the use from car repair to car sales.
Pursuant to the Warsaw Municipal Code of Ordinances, car dealerships are permitted uses within the C-3 and C-5 zoning districts, both of which are intended to accommodate commercial retail activities. Additionally, Section 74-247 of the Code provides no person shall allow any partially dismantled, nonoperating, wrecked, junked or discarded vehicle to remain on a property for longer than 48 hours, except when stored within an enclosed building or a licensed junkyard, Parker said.
Alvarez said he has been at the property doing repairs for 14 years and wants to change it up a little bit. He is in the process of purchasing the property and leaning more on using the facility for car sales, with repairing cars when needed.
Based on the findings of fact, Parker said it was the opinion of the planning department the board allow a used car dealership in a C-2 zoning district, provided they keep five or less vehicles on display for sale in the front.
Board member Rick Keeven asked if the five display car limit was talked about with Alvarez. Parker said they discussed having up to seven cars on display for sale and having parking in the back. Alvarez said that was perfect.
Parker also recommended Alvarez put up some sort of screening on the east side of the property, such as bushes or a fence. Board member Duane Huffer asked why it was recommended there be some sort of screening on that part of the property as the repair facility and the neighboring house have been there for years. Parker said with any car sales facility, the city likes to have some sort of screening there just because of any possible flood lights that may be used. The screening could be used as a blocking if there’s any pedestrians.
Huffer said he was against the screening and Keeven was indifferent about it. Board President Tammy Dalton said if there was any opposition to it, it should be from the neighboring property owner. Since the neighboring property owner was not in attendance, Dalton said she was fine with not having any screening.
Alvarez also does intend to update the building facade and undertake aesthetic improvements, which would enhance the overall appearance and value of the property, Parker said.
Keeven said he was interested in hearing what Alvarez intended to do with the property. Alvarez said he planned on doing a lot of work with the property. He wants to get to the building to the point where people can drive past and think it’s a different building.
The board approved the use variance with the requirement only seven cars can be displayed for sale and on the west side of the property facing Buffalo Street. No screening on the property was required.
There were no remonstrators.
