Zoners Table Auto, Repair Shop Variance Request
July 28, 2016 at 4:25 p.m.
By Jennifer [email protected]
Petitioners Stan Long and Ryan Orlacchio requested a variance of use to permit the dealer and repair shop at 2425 Hendricks St.[[In-content Ad]]The property currently is zoned as a limited industrial district.
The property was sold by the Endicott Corp. to Long in 1977, at which time the use of the property was manufacturing. Since that time, Long has petitioned for rezoning on three occasions.
According to planning information, legal action was taken against Long in 1986 to clean up the property. The court ordered the removal of a burnt structure, storage arrangement for molds be removed from the premises and fencing to be installed on three sides to conceal areas from adjacent properties.
The property has been cited by the building and planning department for code violations, including the use of the property as a junk yard and an automobile lot, according to City Planner Jeremy Skinner.
The department received complaints regarding the property in September from adjacent property owner Warsaw Chemical, Skinner said.
He said the complaints were regarding junk being piled on or near the road and trucks could not maneuver in the public right of way on Hendricks Street to get in or out of Warsaw Chemical.
An order to comply was issued by the Warsaw hearing officer at a code hearing Dec. 17. The order to comply required Long to petition for a variance of use and to also clean up the property or he would receive civil penalties.
Community Development Coordinator Gisele Cox showed pictures of the property Monday that included engines, vehicles and car parts sitting on the property.
Orlacchio said he has been working since the December code hearing to clean up the property. He said the items are his that he will use in the proposed automobile dealer and body repair business.
Orlacchio said his plans are to purchase the property from Long and plans to move the existing garage structure on the property to the northeast section of the property.
He then plans to construct an addition on the structure to locate the automobile body repair shop, automobile service and automobile dealer business.
Zoning member Dan Hampton said he was concerned with the use of the property for an automobile dealer and body repair shop.
"We, as zoners, are reviewing the use of the property, and if it is appropriate, for an automobile dealer and body repair shop," Hampton said.
"I can't see how we can allow the proposed variance if there have been previous complaints about items on the property that have disrupted another business from conducting their work," Hampton said.
The board approved tabling the zoning request until the board's August meeting to allow Orlacchio time to clean up the property.
The property will be heard during a code hearing Feb. 19 at city hall.
Orlacchio can come back to the zoning board before August to discuss the variance of use if the hearing officer finds the property to meet clean-up requirements, Cox said.
Skinner said the building and planning department has concerns with the owner not demonstrating efforts to keep the property cleaned up, not staying within the permitted uses and complying with city ordinances as not to create a nuisance.
In other business, the board approved a request from petitioners Blaine and Lee Ann Horst for a variance from development standards.
The petitioners requested a zero-foot rear yard setback from the required 5-foot rear yard setback to construct a garage at 932 E. Main St.
The 22-foot-by-32-foot detached garage will be located at the southwest corner of the property with the overhang of the structure located on the rear property line with a zero foot setback.
The existing detached garage, which currently encroaches on the undeveloped alley, will be demolished.
The board also approved a variance of use request from petitioner Donna Shepherd.
Shepherd requested the variance to permit retail sales of ink cartridges, toner and ink exchanges at 1922 E. Center St. The petitioner also will live in the building.
Parking is provided in the rear of the property, with ingress and egress off of East Center Street and by the alley. Business hours will be 8 a.m. to 5 p.m.
Petitioners Stan Long and Ryan Orlacchio requested a variance of use to permit the dealer and repair shop at 2425 Hendricks St.[[In-content Ad]]The property currently is zoned as a limited industrial district.
The property was sold by the Endicott Corp. to Long in 1977, at which time the use of the property was manufacturing. Since that time, Long has petitioned for rezoning on three occasions.
According to planning information, legal action was taken against Long in 1986 to clean up the property. The court ordered the removal of a burnt structure, storage arrangement for molds be removed from the premises and fencing to be installed on three sides to conceal areas from adjacent properties.
The property has been cited by the building and planning department for code violations, including the use of the property as a junk yard and an automobile lot, according to City Planner Jeremy Skinner.
The department received complaints regarding the property in September from adjacent property owner Warsaw Chemical, Skinner said.
He said the complaints were regarding junk being piled on or near the road and trucks could not maneuver in the public right of way on Hendricks Street to get in or out of Warsaw Chemical.
An order to comply was issued by the Warsaw hearing officer at a code hearing Dec. 17. The order to comply required Long to petition for a variance of use and to also clean up the property or he would receive civil penalties.
Community Development Coordinator Gisele Cox showed pictures of the property Monday that included engines, vehicles and car parts sitting on the property.
Orlacchio said he has been working since the December code hearing to clean up the property. He said the items are his that he will use in the proposed automobile dealer and body repair business.
Orlacchio said his plans are to purchase the property from Long and plans to move the existing garage structure on the property to the northeast section of the property.
He then plans to construct an addition on the structure to locate the automobile body repair shop, automobile service and automobile dealer business.
Zoning member Dan Hampton said he was concerned with the use of the property for an automobile dealer and body repair shop.
"We, as zoners, are reviewing the use of the property, and if it is appropriate, for an automobile dealer and body repair shop," Hampton said.
"I can't see how we can allow the proposed variance if there have been previous complaints about items on the property that have disrupted another business from conducting their work," Hampton said.
The board approved tabling the zoning request until the board's August meeting to allow Orlacchio time to clean up the property.
The property will be heard during a code hearing Feb. 19 at city hall.
Orlacchio can come back to the zoning board before August to discuss the variance of use if the hearing officer finds the property to meet clean-up requirements, Cox said.
Skinner said the building and planning department has concerns with the owner not demonstrating efforts to keep the property cleaned up, not staying within the permitted uses and complying with city ordinances as not to create a nuisance.
In other business, the board approved a request from petitioners Blaine and Lee Ann Horst for a variance from development standards.
The petitioners requested a zero-foot rear yard setback from the required 5-foot rear yard setback to construct a garage at 932 E. Main St.
The 22-foot-by-32-foot detached garage will be located at the southwest corner of the property with the overhang of the structure located on the rear property line with a zero foot setback.
The existing detached garage, which currently encroaches on the undeveloped alley, will be demolished.
The board also approved a variance of use request from petitioner Donna Shepherd.
Shepherd requested the variance to permit retail sales of ink cartridges, toner and ink exchanges at 1922 E. Center St. The petitioner also will live in the building.
Parking is provided in the rear of the property, with ingress and egress off of East Center Street and by the alley. Business hours will be 8 a.m. to 5 p.m.
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