posttrib
ANNOYING 
Weather Updates

Schererville council rejects variance for home-based gunsmithing business

Updated: May 29, 2013 6:17AM



SCHERERVILLE — Gunsmithing will remain off the list of businesses residents can establish in their homes.

The Town Council voted 4-0, with Council Vice President Mike Troxell absent, to deny James Czech, of the Foxwood Estates subdivision, a variance that would allow him to run a gunsmithing business out of his residence. In the same motion, the council voted to accept the findings of fact conducted by Town Attorney Dave Austgen.

Czech’s request for the variance in his R-1 residential property was first brought to the Board of Zoning Appeals on Jan. 28; the BZA gave it an unfavorable recommendation, Austgen said. At the Feb. 13 council meeting, the council was given the BZA’s recommendation but was also presented with new information, namely the state’s statute on gunsmithing. The council deferred making a decision and sent it back to the BZA.

The town’s ordinance doesn’t list gunsmithing as a permitted business, but state statute in effect says local governments can’t prohibit gunsmithing, Austgen said. While the town wouldn’t prohibit gunsmithing as a business, the findings did concur with the BZA’s unfavorable recommendation of allowing it to be conducted in a residential area.

Councilman Jerry Tippy, R-1, asked if there was any reason the council should go against the BZA, which serves as an advisory body to the council.

“I think it’s a bad precedent to overturn the recommendation of the BZA,” Tippy said before making the motion to deny the request.

In other business, the council approved 4-0 to give town employees a bonus in pay for the first quarter 2013, but denied the fourth-quarter 2012 bonus.



© 2014 Sun-Times Media, LLC. All rights reserved. This material may not be copied or distributed without permission. For more information about reprints and permissions, visit www.suntimesreprints.com. To order a reprint of this article, click here.