Zoning Board Denies Special Exception For Catering Business
Zoning Board Denies Special Exception For Catering Business
Posted
David Slone-dslone@timesuniononline.com
Zoning Board Denies Special Exception For Catering BusinessA chef will have to make new plans to grow his catering business after the Warsaw Board of Zoning Appeals on Monday denied his petition for a home occupation.
Shawn Bianchini, 702 S. Union St., petitioned the board for a variance for a special exception to permit the home occupation in a residential-2 zoning district.
A home occupation is defined by the city as an occupation carried on by a member of the family residing on the premises. It doesn’t allow for a commodity to be sold or traded on the premises; no other person is employed other than a member of the family; no signs are permitted; there can be no external changes to the building; and no accessory building can be used for the business.
In presenting Bianchini’s petition, Warsaw Planning Department senior planner Justin Taylor said, “The occupation will consist of a catering service operated from a small commissary kitchen retrofitted from a shop that currently exists in the petitioner’s garage.”
The catering business would be ran by Bianchini and his wife Carrie and have no additional employees at this time. No clients would be coming to the house, and deliveries would be minimal. Primary operating hours would be limited to 8 a.m. to 8 p.m. and only when Bianchini has orders, Taylor said.
He said the neighborhood immediately surrounding the petitioner is primarily single-family residential. There are a few professional uses in the R-1 zoning district along Union Street to the south of Bianchini’s location.
Taylor said Bianchini hopes to grow his catering business – Shawnanigans LLC – and eventually relocate to a more ideal location.
“Based on the information that we gathered, kind of examining the neighborhood, the planning department feels that it could be possible that this case could be viewed favorably when measured by the criteria and the findings of fact,” Taylor said.
Before the start of the meeting, Bianchini provided the BZA with 10 questions-and-answers about his business. They addressed everything from his business was, that there would be no increased traffic at the property, how he’d deal with waste, hours of operation, no increased noise and what qualified him to operate Shawnanigans LLC out of the space.
Before Bianchini spoke, BZA President Tom Allen said, “What we’re really looking at is, is this special exception consistent with the spirit and purpose of the Warsaw zoning. The special exception will not substantially or permanently injure the appropriate use of properties.”
Answering Allen’s questions, Bianchini said currently he was operating Shawnanigans in the building of Chicago Doghouse LLC on Ind. 15 as his commissary, or cooking onsite for caterings. Chicago Doghouse is owned by friends of his and they let him use their kitchen during slow or closed hours. If the board approved his petition, he said he would move the commissary space from Chicago Doghouse to the back of his garage.
“So that I could prep food, load it into my vehicle and take it and deliver it offsite. So it would not be a venue for people to come and have meals or pick up meals. Everything would just be prepped within the four walls of the garage and then transported to wherever their event is,” Bianchini said.
The business has started to pick up, so he now caters about one event every week or every other week. His menu is based on what the customer wants, but has ranged from prime rib roast to pulled pork sandwiches and taco bars. His catering events have ranged from 10 to 300 people, averaging from 50 to 100.
Board member Jeff Johnson told Bianchini that it looked like he was going to put some time and effort into a garage that he may eventually move. Johnson asked him about his time frame to move from the garage then to a bigger facility.
“My goal would be to be in a larger facility in a year or two. But it all depends on how rapidly the volume of business can grow. That’s kind of the time frame I’m looking at now. A lot of the equipment, I already have now,” Bianchini said.
The first person to speak against Bianchini’s petition was Amy Thompson, of 708 S. Union St. She said she was worried about child safety since it was in a school district. Her daughter, Kendra Thompson, also wrote a letter to the BZA opposing the petition. Kendra was concerned that the home occupation might be a safety hazard and that insects may be harmed by the smoke produced from the cooking.
The zoning board also received a letter from Bryan Bibler, 705 S. Union St., opposing the petition. Bibler’s letter stated he was against it because it would be a “real issue for our Safe, Quiet Residential area.” He said safety of the school children should be a top priority and he listed other traffic concerns that could become an issue with the home occupation.
Bibler could not attend the meeting, but Lisa Helser said she represented him and his “major concerns.” She said they had a catering business for over 30 years and asked if Bianchini could have his there, could they have theirs in the neighborhood, too?
After the hearing was closed to the public, Allen told the other board members, “I’ve been doing this a long time and that’s the most baffling set of faces I’ve ever looked at.”
He summarized the case by stating the board wasn’t trying to stop an entrepreneur, but his request was in an R-2 zone. He later said the board has never approved a home occupation in an R-2 zone.
Johnson said he didn’t see Shawnanigans being there permanently, but two adjoining neighbors were opposed to it.
Dalton said, “I’m going to make a motion, and in all honesty I don’t like doing this, but I’m going to make a motion we deny this petition.”
Board member Dan Smith provided the second to her motion, and the motion to deny was unanimously approved.
Allen told Bianchini, “Very sorry, sir, but you’re in a bad spot. I think if you were 50 yards up the road, you’d be sailing.”
Follow the catering business on Instagram, twitter and Facebook at @ShawnanigansLLC; call 574-371-7115; or email shawnaniganscatering@gmail.com.
