WASHINGTON —
The Washington Board of Zoning Appeals Wednesday night approved two variance requests with restrictions.
One case had been on the table for several months after Scott Kintner and Chris Nalker started a nonconforming business in the city sometime prior to spring 2011, according to board President Don Spillman. He said the two had opened a salvage yard at 7 Maysville Rd., but salvage businesses cannot be located within the city limits. Nalker and Kintner were asked to appear before the zoning appeals board to discuss the situation.
“We told them they had to shut down or move to an area outside the zoned area,” Spillman said.
He said the men agreed to look for a new location for their business outside the zoned city limits, and the board gave them an extension to do so. On Wednesday night, Nalker said they found some properties that might work but were unaffordable.
Instead, they changed their business slightly to become a recycling facility, which must be in an industrial, or I1, zone, according to Spillman. The property at 7 Maysville Rd. is zoned C2, so Nalker and Kintner requested a variance, or exception, to the zoning use.
That brought to light another hurdle: The property was owned by Nalker’s father, Brayton Nalker, and permission was needed from the property owner for the variance. However, the elder Nalker became ill and ultimately died. The property went to his wife, but the estate had to clear, Spillman explained.
“Tonight he came with the legal documentation that his mom owns the property and gave him permission to apply for the variance,” Spillman said.
Nalker also provided an EPA report showing a satisfactory inspection.
“It stays clean down there,” Nalker told the zoning board. “Everything’s picked up. They got on me about cars, so we moved them. Now they’re only there when they’re on the trailer.”
Board members questioned whether there would be any parts with oil or fuel on the premises that could leak. Nalker explained the business does not take in vehicles and tear them down to sell the parts. He said all items taken in go out the same way.
“We’ve worked pretty hard at keeping it clean,” he continued, adding he personally moved 75 tires and around 500 buckets of paint off the premises that were left there by the previous owner. “It’s probably cleaner now than it has been in 10 years.”
Ultimately, the board voted to approve a variance with stipulations that Nalker and Kintner must keep everything inside; anything that can’t go inside must be in a container or fenced area and cannot be visible; the business will be strictly recycling and no salvage; there will be no automotive parts or equipment on site to eliminate contamination concerns; there will be no disassembly on site; and customers will not be allowed to drop off uncompensated items. All board members with the exception of Brenda Mullens voted to approve the stipulations, and all board members except Mullens and Spillman voted to approve the variance with the stipulations.
Board members cautioned Nalker they’ll be keeping an eye on the property, and Spillman advised the variance can be revoked if the stipulations are not followed.
The other variance was requested by Dan and Mary James, who want to place a mobile home on their property at 276N 300W. Their daughter, Tricia Barnard, told the zoning board the trailer would be for her and her husband so they can be close to help her parents temporarily. The request was approved with the stipulation that the trailer will be removed and not used as a rental when the Barnards move out.
In other business, Washington Building Commissioner Chris Wimmenauer suggested the board look at updating the city’s zoning ordinance. He said it hadn’t been done for 15 years and there are definitions and other updates that should be made.
Local News
Zoning board approves variances
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