By PAULENE POPARAD

Larry and Tami Cappos were advised they will need to make a convincing argument at a June 28 public hearing if they want approval to operate a daycare business in the basement of their Abercrombie Woods home.

During a preliminary hearing Thursday, Chesterton Board of Zoning Appeals members and town attorney Charles Lukmann said the couple need to provide better reasons than what’s already been submitted why their home at 2515 Aeropostle Dr. should be allowed a secondary business use and not be inhabited solely as a residence.

BZA President Emerson DeLaney said to some people the request might be viewed as controversial and the BZA typically hears from naysayers and not from neighbors who support a petition. The Capposes, who are representing themselves before the BZA, said they have talked to their neighbors.

Tami Cappos said she’s operated a licensed daycare business in her two previous homes over the past 10 years and was suprised to learn in Chesterton she needed special approval beyond an Indiana state license, for which she plans to apply. BZA member Fred Owens said he wants to see a timeframe by which Tami Cappos, who would be the daycare instructor, would have the license in hand.

She said she is seeking a Class 1 daycare license for up to 12 children but plans on having only 10. The Cappos home would be visited by a state inspector prior to a license being issued.

BZA member Jim Kowalski noted that the couple indicated they have spent $25,000 making their approximately 1,800 square-foot basement suitable for a daycare business. A kitchen and a bathroom were included.

“There are no guarantees when it comes to a variance,” he said, cautioning the Capposes against putting the cart before the horse and incurring additional out-of-pocket expense until their petition is heard and a decision made.

Lukmann said the couple will have to demonstrate hardship as a reason why a use variance should be granted. Larry Cappos said Tami would make less money working outside the home than she can providing the in-home daycare service. Lukmann said the hardship must be related to the property, not financial hardship. Kowalski said, “The property is very usable as a residence.”

BZA member Jeff Trout said he will want to know what requirements the state will impose to conduct childcare in the Cappos home. The couple said they plan to put up a fence.

Fences

Five other preliminary hearings were conducted Thursday with all being set for public hearing June 28 as well. The long-continued petition of Dale Rankin and Maxine Rankin was continued again at their previous request.

Vic Roberts representing Vic Roberts Development is requesting variances to erect 6 foot-tall fences on the back of eight lots in Olde Towne, five facing Roberts Road and three facing Michael Drive. Some existing fences in the subdivision are 6 feet tall but the current town code limits the fence height to 4.5 feet.

Roberts said everyone eventually owning the eight lots may not wish to build a fence but he wants to give them that option; he requested the variances be transferrable to the owners as lots are sold. Lukmann said if others in the development want a 6-foot fence, they can join the Roberts petition if their paperwork is received by the deadline.

DeLaney, Trout and member Fred Owens said their concern is aesthetics and that the Roberts Road and Michael Drive fences be uniform and consistent. Roberts said the existing subdivision fences all are different but a specific cedar style could be specified as a condition of the variance.

Signs

Also set for public hearing were respective sign variances for both the new Ace Hardware and the planned Pizza Hut. Ace last weekend moved across the street into the 325 S. Calumet Rd. former Smedman’s grocery store; Pizza Hut plans to relocate from its closed, fire-damaged 402 Indian Boundary Rd. site to a new building at the northwest end of the former Jewel parking lot on Indian Boundary east of State Road 49.

Ace’s petition, brought by owners Mark and Michele Hopkins as Redtail Hawk Rentals, Inc., requests five variances including one to construct a 300 square-foot panel display sign located inside the windows facing Calumet Road to obscure the inventory now visible through the window. Trout asked Ace attorney Greg Babcock to explain how the display sign would be mounted and cleaned.

DeLaney commended the Hopkins for giving new life to a vacant building. “I’d like to think it could be a cornerstone for helping rejuvenate the downtown.”

The BZA was glad to hear there is a potential tenant for the former Ace building at 320 S. Calumet Rd. as well as one for the former Pizza Hut. Babcock, also representing Pizza Hut, said the old location is in the process of being sold.

Jeffrey Brownell of PFDA Architects said his group wants to begin construction of the new Pizza Hut this summer but property owner LZK,LLC first has to secure final plat approval from the town Advisory Plan Commission. Primary approval was granted last week.

Brownell also said, “We’re trying not to ask for more signage but there’s dual brand issues.” The new Pizza Hut will contain a W WingStreet eatery and requires that signage, too, so the company opted to remove other signs the franchise usually has on its building. However, by facing both Indian Boundary and Council Drive, duplicate signs for a dual-frontage view are desired.

The proposed two-sided monument sign just over 9 feet tall and 6 feet wide requires a variance, one of seven requested, because it is within 200 feet of four existing freestanding signs already in the area.

Overall, Trout said the project appears to be a nice addition to the community.

Two other petitions advanced to June 28 public hearings. Joseph Witek of 1514 Portage Ave. wants to build a detached garage there but needs a sideyard variance of 1 foot, and Bethlehem Evangelical Lutheran Church is seeking two variances to erect a 60 foot-tall bell tower at its 2050 W. 1100N complex.

Babcock, representing Bethlehem Lutheran, said the congregation kept the original 1800s bell from the former church in downtown Chesterton and plans to erect it with a new cross in the tower in a circular island in front of the church. DeLaney asked if the structure will be grounded against lightning. Babcock said he’d have a representative of the tower contractor present next month to answer questions.

Lucrezia Exit

The meeting began with Nada Karas of Lucrezia Cafe’ at 428 S. Calumet Rd. requesting that a condition of a 1997 variance granted the former owner be lifted; it requires patrons exiting their north parking lot to turn left or west only down a narrow alley. Karas said most patrons want to turn right to Calumet rather than empty into a residential neighborhood.

A concern, she said, is many drivers don’t proceed to the west end of the alley and opt to cut across the busy parking lot of the Boys and Girls Club instead. Trout, who was on the 1997 board, said they wanted to be cautious but it’s probably safer to turn right onto Calumet. Karas said there is enough room to do so.

“It’s a policy decision; you can do this,” said Lukmann, who advised the alley never was made a one-way by ordinance. He said Police Chief George Nelson was not opposed so the BZA voted 4-0 to allow both right and left turns from the parking lot until the June 28 meeting, at which time a status report will be given.

Posted 5/25/2007