Manchester Planners Take Action On Nonconforming Building
July 28, 2016 at 4:25 p.m.
NORTH MANCHESTER - Property owned by Eldon Metzger, North Manchester, once again was addressed by the North Manchester Plan Commission Monday.
Metzger owns three lots on West Street, including one lot with a storage building that is too close to the alley.
Metzger was given until April 15 to move the building 5 feet away from the alley to comply with the town's ordinance.
Building commissioner Bernie Ferringer said Monday: "No way there's 5 feet between the structure and the alley." Ferringer asked planners to grant approval for himself and town attorney Charles Tiede to take action on Metzger's building.
Neighbors Toby Seiler, owner of Seiler Technical Co., West Street, North Manchester, and Ken Gerber and Barbara Hood, owners of Ken and Barbie's Car Wash located directly behind Metzger's property, have been present at several plan commission meetings to speak against Metzger's nonconforming building.
Ferringer wrote Metzger a letter in March indicating he needed to apply for a building permit and either remove the building or at least move it back 5 feet from the alley. Metzger was given 30 days to respond. As of Monday, Metzger's building was not moved, nor had he applied for a building permit.
"He's been asked last year more than once to move it (the shed)," Gerber said in April. He also said the police department gave Metzger 10 days to move his shed last year.
Ferringer said in April Tiede will have to write up some legal papers and serve Metzger once again. Then Metzger will get another 30 days to respond.
Planners granted Tiede the authority Monday to again proceed with legal action against Metzger.
"Really, all he needs to do is move it," Ferringer said. He also said the building is on skids.
Planners will file the nonconforming building as a nuisance and Metzger will once again be fined for not complying with the town's ordinance.
Besides Metzger's violation with the shed, whether or not his property was abandoned also was an ongoing issue Monday.
Seiler requested answers from planners on whether or not Metzger's property was abandoned. No answers were given Monday. Ferringer and Tiede both said it is difficult to legally determine whether a property is abandoned or in use.
Seiler claims Metzger has extended his use from one residence to two and now to three by renting out his property, which is in a B-2 zoned area.
No formal decision was made Monday on Metzger's property and whether or not it is abandoned.
In other business, planners:
• Approved recommending to the town council rezoning property owned by Roger Burch at 1706 Westchester Drive, North Manchester, from R-1 to B-2.
Burch said he's been trying to sell the property for five months as residential. He said he thought he would have a better chance to sell the property if it were zoned business.
"I do have an insurance agency interested in it," Burch said.
The final decision will be made July 3 by the town council.
• The next plan commission meeting is July 17 at 7 p.m. in the meeting room on Main Street in the Public Safety Complex.
The North Manchester Plan Commission includes: president Bill Hix, vice president Brad Yoder, James Garman, Dennis Ayres, Homer Hoover, Joanna Strode, Noah Smith and Laura Rager. Town manager is Dan Hannaford, building commissioner is Bernie Ferringer and town attorney is Charles Tiede. [[In-content Ad]]
NORTH MANCHESTER - Property owned by Eldon Metzger, North Manchester, once again was addressed by the North Manchester Plan Commission Monday.
Metzger owns three lots on West Street, including one lot with a storage building that is too close to the alley.
Metzger was given until April 15 to move the building 5 feet away from the alley to comply with the town's ordinance.
Building commissioner Bernie Ferringer said Monday: "No way there's 5 feet between the structure and the alley." Ferringer asked planners to grant approval for himself and town attorney Charles Tiede to take action on Metzger's building.
Neighbors Toby Seiler, owner of Seiler Technical Co., West Street, North Manchester, and Ken Gerber and Barbara Hood, owners of Ken and Barbie's Car Wash located directly behind Metzger's property, have been present at several plan commission meetings to speak against Metzger's nonconforming building.
Ferringer wrote Metzger a letter in March indicating he needed to apply for a building permit and either remove the building or at least move it back 5 feet from the alley. Metzger was given 30 days to respond. As of Monday, Metzger's building was not moved, nor had he applied for a building permit.
"He's been asked last year more than once to move it (the shed)," Gerber said in April. He also said the police department gave Metzger 10 days to move his shed last year.
Ferringer said in April Tiede will have to write up some legal papers and serve Metzger once again. Then Metzger will get another 30 days to respond.
Planners granted Tiede the authority Monday to again proceed with legal action against Metzger.
"Really, all he needs to do is move it," Ferringer said. He also said the building is on skids.
Planners will file the nonconforming building as a nuisance and Metzger will once again be fined for not complying with the town's ordinance.
Besides Metzger's violation with the shed, whether or not his property was abandoned also was an ongoing issue Monday.
Seiler requested answers from planners on whether or not Metzger's property was abandoned. No answers were given Monday. Ferringer and Tiede both said it is difficult to legally determine whether a property is abandoned or in use.
Seiler claims Metzger has extended his use from one residence to two and now to three by renting out his property, which is in a B-2 zoned area.
No formal decision was made Monday on Metzger's property and whether or not it is abandoned.
In other business, planners:
• Approved recommending to the town council rezoning property owned by Roger Burch at 1706 Westchester Drive, North Manchester, from R-1 to B-2.
Burch said he's been trying to sell the property for five months as residential. He said he thought he would have a better chance to sell the property if it were zoned business.
"I do have an insurance agency interested in it," Burch said.
The final decision will be made July 3 by the town council.
• The next plan commission meeting is July 17 at 7 p.m. in the meeting room on Main Street in the Public Safety Complex.
The North Manchester Plan Commission includes: president Bill Hix, vice president Brad Yoder, James Garman, Dennis Ayres, Homer Hoover, Joanna Strode, Noah Smith and Laura Rager. Town manager is Dan Hannaford, building commissioner is Bernie Ferringer and town attorney is Charles Tiede. [[In-content Ad]]