Manchester Resident Wants Planners To Enforce The Law
July 28, 2016 at 4:25 p.m.
NORTH MANCHESTER - Building Commissioner Bernie Ferringer received a letter Monday from Toby Seiler, owner of Seiler Technical Co., West Street, North Manchester, at the North Manchester Plan Commission meeting.
Seiler's letter requested the planners take action on property adjacent to his, owned by Eldon Metzger, North Manchester.
Metzger owns two lots on West Street. Seiler said Metzger lives in one house and rents out the other. He also said Metzger built a storage building too close to the alley.
Ferringer said he wrote Metzger a letter indicating the building would have to be removed or at least moved 5 feet away from the alley. Ferringer said he gave Metzger until April 15 to comply with the town's request.
Seiler also said Metzger's residences are nonconforming uses in a B-1 (business 1) zoned area.
"He's in violation of your law," Seiler told planners Monday. "Are you going to ignore your own laws?"
Ferringer told Seiler the planners are in the process of updating some ordinances.
"If these ordinances are approved, ..." Ferringer said.
"The guy's breaking the law - your law the way it stands now. He's violating your law," Seiler said. "So what is your intent on his expansion? ... I want an answer."
"If the board wishes to take action on that now then that's their perogative," Ferringer said.
"He (Metzger) rented out the first house and is now living in the second," Seiler said. "It's been vacant for more than five years."
Plan commission member Joanna Strode said the board would need documentation on how long it's been vacant. "At this point, it's just hearsay from Mr. Seiler," she said.
"Are you going to tell me, Bernie, you didn't know that house was vacant?" Seiler said.
"How would I know that? I don't deliver the mail there. I don't (read) the water meters," Ferringer said.
After much discussion among plan commission members whether Metzger's property was vacant or abandoned, planners decided they need to talk with town attorney Charles Tiede before making any official decision on Metzger's property.
"I didn't say it was vacant. I didn't say it was abandoned," Seiler said. "I'm saying he's expanded his use."
"He's not living in both units at one time," Ferringer said. "It's two separate lots."
Planner Laura Rager suggested Seiler's letter be tabled "so that we can address it" at the next meeting.
Ferringer said the item was not formally on Monday's agenda, so tabling the issue would make sure it appeared on next month's agenda.
In the meantime, Ferringer said he would speak to Tiede about Metzger's property for further clarification.
In other business:
• Ferringer said a request from Manchester College to close an alley near campus was withdrawn. Ferringer said the college decided there was "too many utilities in that alley ... it's not feasible to withdraw."
• Planners extensively discussed several zoning ordinance changes including refining definitions for a motorcycle dealer, motor home, travel trailer and motor home park. No official ruling was made on the changes. A public hearing will be held at next month's meeting, where further discussion will take place.
• Rager and town manager Dan Hannaford gave a report on a recent workshop they attended on planning and zoning.
Both Rager and Hannaford agreed that all plan commission members would benefit from attending at least one of the planning and zoning workshops. Hannaford said workshops are offered at least three to four times a year in different locations throughout Indiana. He also said the cost for sending plan commission members has already been approved in the budget.
"It was time well spent," Rager said of the workshop they attended. "I just think we would all benefit on more education on the topic."
Rager and Hannaford passed out information on the workshops, including a Web site address for planners to research information and dates.
The North Manchester Plan Commission includes: president Bill Hix, vice president Brad Yoder, James Garman, Dennis Ayres, Charles Tiede, Homer Hoover, Joanna Strode, Noah Smith and Laura Rager. Town manager is Dan Hannaford and building commissioner is Bernie Ferringer. [[In-content Ad]]
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NORTH MANCHESTER - Building Commissioner Bernie Ferringer received a letter Monday from Toby Seiler, owner of Seiler Technical Co., West Street, North Manchester, at the North Manchester Plan Commission meeting.
Seiler's letter requested the planners take action on property adjacent to his, owned by Eldon Metzger, North Manchester.
Metzger owns two lots on West Street. Seiler said Metzger lives in one house and rents out the other. He also said Metzger built a storage building too close to the alley.
Ferringer said he wrote Metzger a letter indicating the building would have to be removed or at least moved 5 feet away from the alley. Ferringer said he gave Metzger until April 15 to comply with the town's request.
Seiler also said Metzger's residences are nonconforming uses in a B-1 (business 1) zoned area.
"He's in violation of your law," Seiler told planners Monday. "Are you going to ignore your own laws?"
Ferringer told Seiler the planners are in the process of updating some ordinances.
"If these ordinances are approved, ..." Ferringer said.
"The guy's breaking the law - your law the way it stands now. He's violating your law," Seiler said. "So what is your intent on his expansion? ... I want an answer."
"If the board wishes to take action on that now then that's their perogative," Ferringer said.
"He (Metzger) rented out the first house and is now living in the second," Seiler said. "It's been vacant for more than five years."
Plan commission member Joanna Strode said the board would need documentation on how long it's been vacant. "At this point, it's just hearsay from Mr. Seiler," she said.
"Are you going to tell me, Bernie, you didn't know that house was vacant?" Seiler said.
"How would I know that? I don't deliver the mail there. I don't (read) the water meters," Ferringer said.
After much discussion among plan commission members whether Metzger's property was vacant or abandoned, planners decided they need to talk with town attorney Charles Tiede before making any official decision on Metzger's property.
"I didn't say it was vacant. I didn't say it was abandoned," Seiler said. "I'm saying he's expanded his use."
"He's not living in both units at one time," Ferringer said. "It's two separate lots."
Planner Laura Rager suggested Seiler's letter be tabled "so that we can address it" at the next meeting.
Ferringer said the item was not formally on Monday's agenda, so tabling the issue would make sure it appeared on next month's agenda.
In the meantime, Ferringer said he would speak to Tiede about Metzger's property for further clarification.
In other business:
• Ferringer said a request from Manchester College to close an alley near campus was withdrawn. Ferringer said the college decided there was "too many utilities in that alley ... it's not feasible to withdraw."
• Planners extensively discussed several zoning ordinance changes including refining definitions for a motorcycle dealer, motor home, travel trailer and motor home park. No official ruling was made on the changes. A public hearing will be held at next month's meeting, where further discussion will take place.
• Rager and town manager Dan Hannaford gave a report on a recent workshop they attended on planning and zoning.
Both Rager and Hannaford agreed that all plan commission members would benefit from attending at least one of the planning and zoning workshops. Hannaford said workshops are offered at least three to four times a year in different locations throughout Indiana. He also said the cost for sending plan commission members has already been approved in the budget.
"It was time well spent," Rager said of the workshop they attended. "I just think we would all benefit on more education on the topic."
Rager and Hannaford passed out information on the workshops, including a Web site address for planners to research information and dates.
The North Manchester Plan Commission includes: president Bill Hix, vice president Brad Yoder, James Garman, Dennis Ayres, Charles Tiede, Homer Hoover, Joanna Strode, Noah Smith and Laura Rager. Town manager is Dan Hannaford and building commissioner is Bernie Ferringer. [[In-content Ad]]