WINONA LAKE - A resolution between the plan commission and Jerry Smith could lead to the closing of his mobile home park.

At the heart of the matter is how Smith can best use his property at 2308 E. Winona Ave.. Currently, Smith has approximately 20 mobile homes he rents on the portion of his lot that fronts Winona Lake. Town officials want them moved because they create an eyesore on a major route into the town, and proposed rezoning the property to residential and prohibit the property from any commercial use without the prior approval of the town.

Smith and his attorney, Stephen Snyder, have argued that the highest and best use of the Winona Avenue frontage is low intensity commercial use that will allow Smith to recoup some of his investment. They have proposed a restrictive covenant in lieu of rezoning to restrict the types of commercial uses permitted on the property.

The proposed restrictions include limiting the permitted uses to low traffic volume commercial uses such as a professional office, retail sales or personal service business. Examples of such permitted businesses would be a medical, dental office, or accounting office; an antique or decorating supply retail store; or a beauty or barber shop, computer service shop or physical therapy office.

The covenant further mandates all mobile homes will be removed from the property by July 1, 2001.

Commission member Randy Ruppel expressed his support for the proposal, citing the town's desire to have the mobile homes removed as key to the development of the Winona Avenue corridor.

"When this was first brought up, I expressed my concern about forcing uses on the investor that weren't required when he bought the land. I didn't think that was fair," he said. "By the same token, having lived on the lake since I was 5 years old, I want to see the trailers out of there, so I see this as an acceptable compromise."

The commission will consider approving the agreement at its April 13 meeting. [[In-content Ad]]