Despite assurances by the petitioner that pawn dealers are now heavily regulated to guard against unsavory elements, a number of residents voiced strong objections Tuesday to a proposed pawn shop in their Brown Avenue neighborhood.

The Chesterton Board of Zoning Appeals made no decision on a use variance requested by Complete Control Systems, Inc., on the grounds that findings of fact had not yet been prepared. The BZA did close the public hearing and agreed to issue a decision and the findings at the Dec. 22 meeting.

The pawn shop is proposed for a vacant portion of the CCI building at 100 Brown Ave. The building now houses offices, leased storage space, and an auto shop. Efforts to lease the vacant portion have been unsuccessful, except for the interest shown by a pawn shop, said property manager Cheryl Bonin.

Bonin, who presented the variance request on behalf of CCI owner Paul Childress, said improvements have been made to the building and that more renovations are planned, but that in order to pay for the enhancements, the building needs to generate more revenue by leasing its quarters.

Bonin also said the building has been in existence since 1950 and was there before most of the nearby houses. Because the property is zoned Industrial-1, she said town code would already allow a number of other uses that could be deemed less desirable than a pawn shop. She cited the potential for an all-night night club and three-shift factory.

She also said that pawn shops now have to comply with many state and federal regulations and that it’s not in the pawn shop owner’s interests to invest money on the new business only to attract “ derelicts and low lifes.”

The neighbors, though, were hardly swayed.

When West Michigan Avenue resident Elva Pocock asked who else in the audience opposed the pawn shop, more than 10 people stood up.

Pocock said her main concern is for the safety of the children in the neighborhood, as she questioned if the pawn shop would buy and sell guns and other weapons. Except for one business, the neighborhood is an entirely residential one, she said. “They’re not the kind of clients we want in the building,” she said of a pawn dealer.

Similarly, Terese Wilkie of Brown Court said she lives directly across the street from where the pawn shop would be. She raised the potential that patrons of the pawn shop might start looking in the windows of the nearby houses, looking for goods to pawn. “That is a very scary thing to me,” she said.

Beverly Yocom of Brown Avenue questioned what would happen to the property values with a neighborhood pawn shop. If she were to fix up her house with the hopes of selling it, she questioned if she could recoup her investment. “No one wants to move in by a pawn shop,” she said.

Jean Hayes, a Brown Court resident, noted that a variance would be needed because town code currently doesn’t include a classification for pawn shops. If the town leaders feel that a pawn shop is needed in town, she suggested that town officials look at the issue from a broader perspective, and zone an area conducive for such a business.

In response, Bonin said the residents moved into the area knowing about the industrial zoning. She also said that because of the heavy regulations, pawn shops actually help deter crime. About one-half of one percent of the goods at pawn shops turn out to be stolen, she said, and 90 percent of those come from people stealing the goods from family members.

Criminals don’t go to pawn shops to shop, Bonin said. “The ones that do get caught.”

After the public comments, BZA Chair Fred Owens took note of at least 12 letters submitted from town residents, several of whom spoke at Tuesday’s public hearing, in opposition to the variance.

Though the BZA made no decision, some of the initial comments didn’t appear favorable.

BZA member Jim Kowalski said the building is not unusable just because the owner hasn’t yet been able to find a tenant. Having the space leased by a pawn shop might be good for the owner, he said, but the BZA has the responsibility to consider the impacts on others. “A good fit is what we’re looking for,” he said.

BZA member Kim Goldak raised concerns about the current conditions at the building, with a tarped roof, a large container filled with an unknown substance, an old trash receptacle, old vehicles, and black mold on one side. If there is a hardship that prompts the need for the variance, she said “it’s almost like it’s a self-created hardship” due to the current conditions.

BZA member Brandon Kroft also raised a concern about how the pawn shop might impact the neighborhood, and said he thinks it’s a shame when businesses don’t take good care of their property. But at the same time, he expressed sympathy for Bonin, noting that she’s not the building owner or the potential tenant, but has been given the job of making a “tough case.”

After some discussion about whether the BZA should make a decision on the spot or wait until findings of fact are prepared, the BZA unanimously opted for the latter. Kowalski said he wants to make sure that the BZA has all its “ducks in a row” when making the decision in case there is an appeal. BZA attorney Chuck Lukmann said the decision is ultimately up to the BZA, but that he thinks it’s bad policy to make a decision on a variance without first having findings prepared.

The BZA directed Lukmann to draw up findings that could be used when the BZA issues its decision on Dec. 22.

In another case Tuesday, the BZA approved the petition of Rodney and Kathi Corder of 1357 N. County Road 100E, who requested a variance to reconstruct a garage in their front yard after it was destroyed in the August 19 tornado. The variance is needed because accessory structures are not allowed in front yards.

Rodney Corder told the BZA that the garage can’t be built elsewhere on the property due to the heavily wooded area. He also said the garage is needed to be rebuilt where it was in order to cover a shallow, non-potable well on site.

BZA members took note of a letter in support from neighboring resident Emerson and Deborah DeLaney. The variance was approved unanimously.

Posted 11/25/2009