City Council discusses zoning issues

DAVE MOSIER/independent editor

Van Wert City Council on Monday sent a zoning appeal back to the drawing board, so to speak, while also acknowledging the possibility that a local homeless shelter zoning request will return to Council at a later date.

City Council first heard a zoning appeal from local resident Joe Jared related to a building he owns at 113 W. Main St. Jared was denied a conditional usage for the property, due mostly to the fact there is no approved secondary exit from the top floor, making Jared’s proposed occupancy of the second floor a possible safety issue.

Although there was some discussion on what the zoning code allows as occupancy on second floors of downtown buildings, the main concern was the lack of an approved exit from the top floor, with a Zoning Commission member noting that Jared’s plan to place a ladder on the exterior of the building or a pole to slide down from the second story “totally unacceptable”.

There was also some concern about the possibility that Jared would use the building as a quasi-homeless shelter because of his wishes to help local homeless people.

Ultimately, Council President Jon Tomlinson noted that Jared’s appeal was a little premature, since he has not yet taken any action to implement a solution to safety issues cited by the Zoning Commission. Tomlinson requested Jared wait to file an appeal until he has a workable plan in place to address the zoning issues.

“We have to look at what’s actually there, and what has actually happened, not what you plan to have happen,” Tomlinson said. “I haven’t seen anything that convinces me to do anything but agree with the zoning board, at this point.”

Jared agreed to come up with a plan and take it back to the Zoning Commission for its approval.

Law Director John Hatcher said a plan that is approved by the Van Wert Fire Department would help his case substantially with the Zoning Commission.

The homeless shelter issue was also expanded on by Hatcher, who said he has been researching the issue due to concerns related to a proposed Haven of Hope homeless shelter site on North Market Street — an issue that will likely return to City Council no matter how the City Board of Zoning Appeals decides the issue.

Hatcher said a number of communities that have homeless shelters have, notwithstanding, not chosen to define exactly what a homeless shelter is in their zoning ordinance. 

“There are not too many communities that have that defined,” Hatcher said, “so the search continues.”

In any event, the Haven of Hope shelter, because it was planned prior to any possible zoning ordinance changes, would likely be grandfathered in if the Zoning Board, and possibly Council, approve a homeless shelter as an allowed usage for the former union hall building, Hatcher noted.

Also Monday, Council approved a final plat for Phase 1A of the Landing at Dickinson Farms residential subdivision on the southwest side of the city and approved a then-and-now certificate for $3,216 requested by City Auditor Martha Balyeat, who was unable to attend the meeting.

Council also prepared ordinances that would increase returned check fees and set new health insurance rates for city employees, while adopting an ordinance creating a school zone speed limit of 20 mph in front of Vantage Career Center and Thomas Edison Center on North Franklin Street on third and final reading.

Council also read a temporary appropriations ordinance for the second time.

The next meeting of Van Wert City Council will be at 6:30 p.m. Monday, December 23, in Council Chambers on the second floor of the Municipal Building, 515 E. Main St.