After several months of debate, negotiation and a little grandstanding, the case of Cage Inc., vs. its neighbors found a little resolution Wednesday.

The Washington Board of Zoning Appeals voted 4-0-1 to grant Cage Inc. a variance to use its driveway that is zoned residential to a neighboring industrial property, with three conditions.

The conditions, as laid out by board member Bill Summers, were that trucks could not be more than one ton in weight; the variance would end on March 10, 2009; and Board President Roger Shields would have to write a letter to the city’s plan commission and city council asking for further clarification in the zoning code for driveways to industrial properties.

Board members Don Spillman, Vic Hopkins, Summers and Dan Grannan voted for the variance. Board member Dan Gress abstained from voting because his firm created the driveway, and Shields was absent due to a family illness.

Cage Inc., a warehouse owned by Larry Carpenter and used by Avenue Broadband, had asked for the variance in May, but the board tabled the request pending further legal guidance on the question of whether they could hear the request at all.

The issue has been brought up at many city meetings by neighbors of the warehouse asking for help. Last month, neighbors held a protest after the May meeting blocking entrance to the warehouse from West Walnut and Ogdon streets.

City Attorney Jeff Norris presented a letter from the law firm of Baker and Daniels that concurred with his opinion that a variance was needed.

“They concur with me that use of this lot zoned R-3 to serve an industrial zone (needs a variance),” Norris said. “The parcel is not a permitted use under the requirements and regulations of the zoning ordinance.”

Spillman said, prior to Summer’s motion, the ambiguity of driveways in the zoning code raised questions all over the city. He even mentioned the driveway for the city’s waterworks, an industrial property, goes through residential property.

“There’s some problems there as we act on this and we should get in touch with the city council to clarify this situation,” Spillman said. “There’s some ambiguity in the zoning code and in practice throughout the community that we need to get together on and the city council needs to give some guidance on that by amending the zoning code.”

In anticipation that the debate on the variance would be hostile, Spillman, who was acting as chairman in Shield’s absence, asked at the start of Wednesday’s meeting that potential witnesses be sworn in such as a courtroom witness would.

The move, Spillman said, was to protect the hearings’ “quasi-judicial” integrity and these rules will be enforced at all future hearings.

“These meetings are hearings to determine fact from applications for either a variance or conditional use exception to the zoning code to the City of Washington,” Spillman said. “These hearings are similar to, but not as formal as, the conduct of a court of law.”

Potential witnesses were also asked to stay relevant to the topic and not to levy any personal attacks or they would be asked to sit down. If they did not comply, they would be asked to leave.

Local resident and activist Steve Charles was asked to leave after he did not follow those rules. Charles, who was trying to talk about the zoning code in general and not specifically about the case, was found to be out of line, and when he refused to sit down, city police asked him to leave.

“You are violating my First Amendment constitutional rights,” Charles said.

“I don’t think so sir,” Spillman said.

He was not arrested or charged with any crime.

Charles said in a telephone interview after the meeting he intends to sue the city, including Spillman, Norris and Mayor Larry Haag for violating his civil rights.

“I intend to sue the city and I intend to win,” Charles said.

Neighbors speaking out against the variance included Sharon Walford, whose property sits next to Carpenter’s driveway. She reiterated Wednesday the trucks create a dangerous situation.

“That’s a bad area,” Walford said. “There’s been children hit there (in the past) getting off of school buses. We don’t need to add any more traffic there.”

Spillman asked how fast the trucks run through that area.

“At least 30 (miles per hour),” Walford said. “You’ve got a little kid running out there. We’ve got a newborn baby living across the way. We’ve got animals and Hispanic families with small children.”

Julia Ellis, another neighbor of the warehouse, asked why other areas weren’t used for a road.

“I have two empty lots by my house,” Ellis said. “If any company were to buy those two lots, they could come in off of Front Street. They could make a road from Front Street, to Ogdon and into their business. I just want to secure my road as a residential area.”

Carpenter was not at Wednesday’s hearing, but his attorney, Blake Chambers, was. Chambers said because the zoning code does not forbid the practice, then the board should grant the variance according to the concept of “home rule.”

“Anybody in municipal law has heard about home rule,” Chambers said. “It states that you can do it unless its forbidden. We have a code that doesn’t address this particular problem, so it needs to be varied.”

After the meeting, Walford said she was happy with the resolution.

“(Carpenter) can’t drive the big trucks in there,” Walford said. “It only lasts until March 10. I can hold my breath that long.”

She intends to keep coming to city meetings in order to see the council and the plan commission work for the rights of other property owners. She doesn’t intend to fight the variance in court.

“I intend to see the council put something in because it’s all over town,” Walford said. “It’s not just my house. If you are zoned residential, you should be entitled to live out your days in a residential area and not be fighting with the city.”

In other business

APARTMENT

VARIANCE

Anthony Lengacher was granted a variance to turn an existing unattached garage at 513 W. Nat’l Hwy. into a two-bedroom apartment.

The board granted the variance pending that Lengacher can show building commissioner Chris Wimmenauer that four cars can park in the lot, two for the existing house and two more for the garage/apartment.

The vote for the variance was 3-2 with Summers and Spillman voting no.

PARKING AREA

The board approved 5-0 a variance request from Edmond Johnson to erect a roof over an existing driveway at 9 Woodmere Drive.

The roof will extend from the end of his home and near to the end of his property line. Johnson said he talked with neighbors and they did not have any objections.

No one came to the meeting to object.