Wanting information from the Indiana Department of Environmental Management, the Warsaw Board of Zoning Appeals Monday tabled Rick Weed's petition for a use variance for a waste removal facility in a residential district.

The petition will be discussed again Nov. 26 at 7 p.m. in the Warsaw city council chambers. Weed's business, Weed Septic Tank Service Inc., is at 504 E. Baker St., Warsaw.

Initially, IDEM permitted Weed in October 1999 for two 1,000-gallon wastewater tanks - one above ground, one below ground. Recently he installed two 3,000-gallon in-ground tanks without IDEM approval. As of Oct. 9, IDEM revoked his original permit, according to information provided by the BZA. For Weed to reinstate the permit, he must verify proper zoning with the city.

Although pre-treatment director Dave Van Dyke granted approval for accepting the pre-treated sewage, proper zoning approval was never granted by the BZA. The use is considered a business, which is being operated illegally by Weed, and the use was expanded illegally, according to the information.

City planner Jeff Noffsinger said Monday that if the BZA approves the petition, they should make it subject to the installation of a meter "so we do know how much flow comes through the pipe."

Noffsinger said Van Dyke indicated Weed's business is a positive for the city because on-site pre-treatment of sewage is less of a burden on the city's treatment plant, as solids are diluted before they reach the plant.

Larry Lawlor, acting as Weed's agent and representative and as engineer, said the 3,000-gallon tanks are needed because the business trucks get backed up and slow business. All the equipment used by Weed meets environmental and safety standards, he said.

Nick Miller, a four-year Weed Septic Tank Service employee, said the tanks save time, trips to Nappanee and paperwork. Miller said they didn't realize they had to get IDEM permission for the tanks because they aren't changing the machinery in any way.

"It's a time saver for us so we can just dump and go," said 10-year employee Tom Decker.

Remonstrator Howard Woodward, an adjacent property owner, said he doesn't believe the business belongs in an residential area, though Weed had a good system there.

Bruce Woodward, a BZA member who recused himself from the meeting because of a conflict of interest, said he was concerned about the solid waste created being dumped on that property and possibly draining onto his father's property and into Winona Lake.

Miller said the solid waste is not spread onto the 40-acre property but is transported to a farm in Claypool.

Tom Heuer, BZA member, said he has a problem with a petitioner bringing requests to them after the fact. He asked for more information from IDEM before a decision was made.

The petition was tabled by a vote of 3 to 0 and the Weed was held responsible to get IDEM at the next meeting and to let Noffsinger know if IDEM will be there.

Abstaining on the vote were Woodward and chairman Alan Clingan due to conflicts of interest.

In another matter, the BZA approved Aron Dellinger's petition for a use variance for a professional office in a residential district, subject to the city's plan commission approving the site plan.

The business, a dental office, will be at 841 S. Union St., Warsaw. The current residence will be torn down and a new building will be built.

Dan Widaman, representing the petitioner, said the Dellingers are a family orthodontist group currently renting space from Dr. Hollar's office.

Remonstrator Sharon Bole said she is concerned about the traffic, drainage and pollution caused by the business.

Keeven said the other dental offices have enhanced the area and are attractive. He said he is not uncomfortable with another dental office being in the area if it meets the same high-quality standards as the others.

The petition was approved with a requirement that the site plan be approved by the plan commission. [[In-content Ad]]