Zoners Say Yes To 2 Tattoo Shops

FILE PHOTO: Nathan Prieshoff – pen name Nathan Underneath – and his business Moving Pictures Tattoo Cinema, 112 E. Center St., went before the Warsaw Board of Zoning Appeals Monday night for a variance request. His business (pictured) is downtown Warsaw, which is zoned Commercial-4, and tattoo parlors are not permitted in a C-4 district by city ordinances. Photo by David Slone

Both tattoo shops that went before the Warsaw Board of Zoning Appeals Monday night had their petitions approved.

Nathan Prieshoff – who goes by the artist name Nathan Underneath – applied for a variance to allow his art gallery with a tattoo parlor in the back in a Commercial-4 zoning district. The variance was approved for the property at 112 E. Center St. The name of his business is Moving Pictures Tattoo Cinema.

Downtown Warsaw is zoned Commercial-4 and tattoo parlors are not permitted in a C-4 district. The zoning board approved Prieshoff’s request for a variance in a C-4 district despite that prohibition.

City ordinances allow tattoo parlors only in C-3, C-5 and Industrial-2 and I-3 zoning districts or with a exception in C-2 district.

The other petition was for a special exception by Michael Vest to allow a tattoo parlor – Empire Ink – in a C-2 zoning district at 600 E. Winona Ave. The special exception also was approved, and there were no remonstrators.

On Prieshoff’s petition, four letters were received by the Building and Planning Department – three were against and one was in favor.

City Councilwoman Cindy Dobbins, who also owns a business and lives downtown, wrote that C-4 districts prohibit tattoo parlors and approving one might open a Pandora’s Box regarding tattoo parlors in C-4 districts. She also pointed out that tattoo parlors must be located a minimum of 400 feet from a church and are prohibited where there is residential usage in a commercially zoned area.

During the hearing, city attorney Scott Reust pointed out, “By statute, what the BZA does is not set a precedent. Every single case that comes before the BZA stands on its own. It’s all unique facts and circumstance.”

He also pointed out that the rules regarding parlors’ locations near churches, daycares, etc. do not apply to C-4 districts.

The other two letters against the petition were from Matthew Shively, of Center Title Services, South Buffalo Street, and James L. Breading, of Service Electric Inc., East Market Street. The letter in support of Prieshoff’s petition came from Kaci Scheve, East Clark Street, who is the co-chair of Young Adult Professionals.

Prieshoff spoke for almost 31 minutes about what he wanted to accomplish with his business and how it would be operated. The BZA members said they were impressed with his presentation.

Moving Pictures Tattoo Cinema is in a building owned by City Councilman Mike Klondaris’ family. He spoke in favor of Prieshoff’s petition and noted there were about 12 empty storefronts downtown. “We wish we had more people who wanted to be a part of downtown,” he said.

Prieshoff’s mom also spoke in favor of the petition and said he was a great person to get to know.

First Friday coordinator Paula Bowman, who also owns Latte Lounge, accused Prieshoff of skirting the truth and said he knew it was in a C-4 district before he moved in, despite saying otherwise. She also mentioned the distance it was to a church, library and other establishments. She encouraged the BZA to follow the rules of the city.

The board wanted to limit its approval for the tattoo business to only Prieshoff, but were told by City Planner Jeremy Skinner that the variance goes with the property not a person.

BZA member Tammy Dalton made the motion to approve the petition and it passed 3-1, with member Rick Keeven voting against it because he wanted to restrict its approval to Prieshoff only.

There were no remonstrators against Vest’s petition for a special exception. Even the church nearby – New Horizon Community Church, 601 E. Smith St. – wrote a letter in support of Vest’s petition.

In his comments to the BZA, city Senior Planner Justin Taylor noted, “There have been questions raised on a national level regarding whether or not a restriction on tattoo parlors is a violation of the business owner’s civil liberties. The national trends have been inclined toward easing ordinance restrictions on tattoo parlors.” He said based on the findings of fact, it was the opinion of the city’s planning department that the board could approve the special exception.

Along with Vest, several other people spoke in favor of the request, which was approved unanimously.

In other business, the BZA:

• Approved a variance from development standards at 2312 Highlander Drive to allow an 8-inch variance on a 25-foot setback in a Residential-1 zoning district, as requested by Stonehill Homes.

The residence on the property was constructed, but due to a surveying error the foundation was placed too close to the front property line.

• Approved a variance from development standards at 315 E. Market St., to allow a 14-foot high sign in a C-4 zoning district, as requested by N & J Auto Sales. The maximum permitted freestanding sign height is 8 feet in a C-4 zoning district.

The site currently has an existing nonconforming sign that predates the current sign ordinance. The existing sign also is within the right of way along Ind. 15 and must be relocated to accommodate an intersection improvement project.

Clay Johnson, of N & J Auto Sales, said the business’s current sign was still in great shape but the Indiana Department of Transportation was making them move it. It’s been in the same location since about 1967.