Staff report
CULVER — On a split decision, the Culver Board of Zoning Appeals denied a petition of variance for Portside Marine that had originally been presented in May but had been continued at the request of the petitioner in an attempt to reach a compromise with adjacent neighbors and board members’ concerns.
The petition presented by Kevin Berger, of Easterday Construction, originally asked for a variance for a 50-foot high building with a rear yard setback of 10 feet and a side yard setback of 30 feet, to be constructed as an additional storage area for boats for the marina. Due to concerns expressed by the owners of the adjacent mobile home park and BZA members, the petition was modified, Berger said.

Berger presented a request for a 45-foot building with a rear yard setback of 30 feet and a 20-foot side yard setback. Culver’s zoning ordinance requires 100-foot setbacks from a residential area and a height limit of 35 feet.
Glen Bailey, co-owner, said the additional storage is needed to keep from storing boats off-site. The area is landlocked as the owner of vacant land to the west isn't interested in selling and residential areas, including the mobile home park, lie on the east and north, Bailey continued. The large portion of Portside that is vacant to the south is unsuitable for the building proposed, Berger explained as it's used for storage of lifts and staging. Berger noted they would address water run-off and landscaping.
Tammy Farmer Arnett and Doug Farmer, co-owners of the mobile home park to the rear of Portside, explained they bore no animosity toward Portside, but felt they had a duty to protect the current residents of the park. Most are moderate income, senior citizens. Water run-off from the site, which is higher than the park, has caused problems in the past and a higher building would increase the possibility of additional run-off. Fire safety concerns were also an important consideration, they said. Some mobile homes face the back of the marina building where at present, there is no buffer zone of landscaping. Both emphasized that they had no intention of selling the park despite continued rumors to the contrary.
Pete Trone, BZA chairman, and Bill Cleavenger, BZA member, saw no impact problem with an expansion in the industrial zoned area, but members Dan Adams, Jim Boswell and Bobbie Ruhnow remained concerned with the height and decreased setbacks from the residential areas. Even though the building would be of steel construction, there would be no sprinkler system installed, they noted and fire safety remained a large impact on their decision.
The final vote was three members voting to deny the petition, Adams, Boswell and Ruhnow and two members, Trone and Cleavenger, voting against the motion to deny.
A petition signed by 55 members of the Lake Maxinkuckee area against a petition for variance submitted by Michael and Anna Wildermuth, 1010 W. Shore Drive, was withdrawn by Larry Pachniak, adjacent homeowner, after the variance request was modified. Sherman Kantzer, father of Mrs. Wildermuth, asked for a 8x12 foot shed to be placed in the rear yard of the home. The modified request will place the shed 26 feet from W. Shore Drive and be screened by a current wisteria arbor.
Questioning the need for a storage shed, Cleavenger voted no to the petition, but the remaining board members voted in favor of the variance. Ruhnow noted that the petitioner could have placed an accessory building in the front of the lake residence and this was a good compromise.
Russ Mason, building commissioner, said he had investigated a complaint of a lakeside violation at 750 W. Shore Drive. Diane Hansen, owner, was present to address the violation.
In 2003, Hansen received a variance of 2 foot 6 inches from the north property line to place a small shed on the lakeside of her property. Having forgotten she received a variance, the shed was moved to the north of the property and placed on the property line. Mason asked if the board wished to proceed with a fine for the violation or wait until a variance request was considered in August. The board agreed to withhold the fine, but asked that the shed be moved from the property line immediately. They also agreed that Rubbermaid storage facilities should not be placed on the property lines.
The Culver Plan Commission approved a site plan use for a concrete building on W. Jefferson Street, site of the Maxinkuckee Mall. Kelly Peterson will use it as a small welding shop for landscaping trailers. Commission members noted that the area had been a cause of concern in the past due to its unkempt appearance and asked that Peterson address this.
A permit and fee will be required to install sidewalks and driveways if approved by the Plan Commission and Culver Town Council after public hearings. This will enable all sidewalks and driveways to meet current code. The members also agreed that the zoning ordinance did not allow front yard parking in any zone, so driveways should be monitored to size and setbacks requirements.
Mason advised that the zoning ordinance was on line at townofculver.org. and frequently asked zoning question answers would be posted.