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By VICKI URBANIK The Porter County Plan Commission on Wednesday urged a LaPorte County resident to seek a use variance rather than a rezoning for a proposed teacher supply store in Jackson Township. Melody Austin of Westville appeared before the plan commission on her petition to rezone a parcel at 792 N. County Line Road from Rural Residential to CM, moderate intensity commercial. The building on site has been a video store, located across from the Independent Cat Society. The video store was allowed to open in the residential zone because of a use variance that the county granted for five-year intervals. That variance is set to expire next year. Several plan commission members said they would prefer to see Austin obtain another use variance from the County Board of Zoning Appeals instead of a rezoning. Austin said she sought a rezoning only because it would allow her to install a sign for her business visible for motorists on U.S. 6. Plan Commission Attorney Scott McClure said Austin could still install a sign if she obtained a second variance. No one spoke for or against the rezoning petition. Austin questioned why the planners seemed to be against a rezoning if no neighbors opposed it. But Plan Commission member Elizabeth Marshall said while a teachers’ supply store isn’t an objectionable use, a rezoning could allow multiple other uses in the future that could be opposed by neighbors. The plan commission unanimously agreed to give the rezoning an unfavorable recommendation. The planners also urged Austin to withdraw her rezoning and instead seek a use variance; the commission agreed to waive any additional filing fees for Austin, on the grounds that she was under the impression that the only way she could erect a sign would be if the property were rezoned. In another case Wednesday, the plan commission unanimously gave an unfavorable recommendation to a rezoning sought by Louis Gagliardi of Ogden Dunes for a parcel at 429 U.S. 6 in Portage Township. The property is now zoned residential and Gagliardi sought a rezoning to CH, high-intensity commercial. A number of neighboring residents spoke out against the rezoning, with several noting that nearby development has led to considerable flooding in the area. Several residents said they wouldn’t oppose commercial development fronting only on U.S. 6, but not in the field adjacent to the homes on Bay Road. One concern for the plan commission members was Gagliardi’s admission that he had no set plans for the development of the property. The plan commission also tabled a decision in another case, for a new Arbor Lake Estates subdivision in Union Township. A large number of residents were on hand for the public hearing. The planners also were expected to discuss a new tree preservation ordinance, but that matter was taken off the agenda. In other matters, the plan commission elected its officers for 2009. Robert Harper, also the county commissioner president, was unanimously retained as plan commission president. Planner and county surveyor Kevin Breitzke nominated Robert Detert for vice-president, while Elizabeth Marshall nominated Tim Cole. But Cole asked not to be considered, prompting Marshall to withdraw her nomination. Detert was then elected unanimously.
Posted 1/29/2009 |
