Zoning Board Approves Request To Operate Waste Removal Facility

July 28, 2016 at 4:25 p.m.

By TERESA SMITH, Times-Union Staff Writer-

Rick Weed's request to operate a waste removal facility in a residential district was approved by the Warsaw Board of Zoning Appeals Monday.

Weed, who began operations in 1976 at 504 E. Baker St., installed two 3,000-gallon underground septic tanks in July. Weed explained Monday that the tanks serve as a temporary holding system, emptying collection tanks so they can return to service.

He has a city permit to direct treated water to the wastewater treatment plant. The Indiana Department of Environmental Management issued permits to have two 1,000-gallon wastewater tanks installed in October 1999.

Weed said the current IDEM permit will have to be denied before a new permit, including all the tanks, can be issued.

IDEM inspectors have visited the property, recommended minor improvements and ordered installation of a flow meter. A fence is also to be installed around the tanks.

Howard Woodward appeared before the board saying the property was zoned for residential, single-dwelling use when Weed bought the property.

Kevin Edmonds, who lives two blocks away from Weed Septic Tank Service Inc., said he didn't realize the Weed property was being used as a waste removal facility when he bought his home. He said he had safety concerns about well water contamination in case of a spill.

Alan Clingan and city plan director Jeff Noffsinger said they had both visited the 38-acre site and did not notice any offensive odors.

The BZA members approved Weed's request for a use variance in light of his 25 years in operation, providing he meets all permit requirements.

Arrow Um approached the board with a use variance for a wireless communication facility. A 60-foot tower already has been constructed.

The tower is intended to be for Um's private use at 1987 N. Detroit St., where he and his brother, Ohm Um, operate O's Custom Computer Sales and Service on C-2 zoned property.

The board approved the use variance, providing a co-locator antenna also is installed on the tower.

The board approved a request by Stuart Baney, 770 W. Market St., for two accessory structures on one lot. Baney has constructed an 8-foot by 10-foot shed and has a two-car garage.

An ordinance adopted in January restricts the number of accessory buildings to one per lot. However, several use variances for two buildings have been allowed since then.

Baney said he called the plan department two months ago and asked if a permit for the shed was necessary. He was told no.

It wasn't until plan department employees saw Baney building the shed that he learned of the ordinance limitations.

In other business, the board:

• Heard from attorney Steve Snyder that adjoining property owners had not been notified of a request by Steve and Connie Rufenbarger, 1131 Country Club Drive, for a variance from development standards for a 14- foot rear yard single-family residence setback.

• Heard a request by Lake City Builders, 1000 S. Union St., for a porch addition setback had been withdrawn. [[In-content Ad]]

Rick Weed's request to operate a waste removal facility in a residential district was approved by the Warsaw Board of Zoning Appeals Monday.

Weed, who began operations in 1976 at 504 E. Baker St., installed two 3,000-gallon underground septic tanks in July. Weed explained Monday that the tanks serve as a temporary holding system, emptying collection tanks so they can return to service.

He has a city permit to direct treated water to the wastewater treatment plant. The Indiana Department of Environmental Management issued permits to have two 1,000-gallon wastewater tanks installed in October 1999.

Weed said the current IDEM permit will have to be denied before a new permit, including all the tanks, can be issued.

IDEM inspectors have visited the property, recommended minor improvements and ordered installation of a flow meter. A fence is also to be installed around the tanks.

Howard Woodward appeared before the board saying the property was zoned for residential, single-dwelling use when Weed bought the property.

Kevin Edmonds, who lives two blocks away from Weed Septic Tank Service Inc., said he didn't realize the Weed property was being used as a waste removal facility when he bought his home. He said he had safety concerns about well water contamination in case of a spill.

Alan Clingan and city plan director Jeff Noffsinger said they had both visited the 38-acre site and did not notice any offensive odors.

The BZA members approved Weed's request for a use variance in light of his 25 years in operation, providing he meets all permit requirements.

Arrow Um approached the board with a use variance for a wireless communication facility. A 60-foot tower already has been constructed.

The tower is intended to be for Um's private use at 1987 N. Detroit St., where he and his brother, Ohm Um, operate O's Custom Computer Sales and Service on C-2 zoned property.

The board approved the use variance, providing a co-locator antenna also is installed on the tower.

The board approved a request by Stuart Baney, 770 W. Market St., for two accessory structures on one lot. Baney has constructed an 8-foot by 10-foot shed and has a two-car garage.

An ordinance adopted in January restricts the number of accessory buildings to one per lot. However, several use variances for two buildings have been allowed since then.

Baney said he called the plan department two months ago and asked if a permit for the shed was necessary. He was told no.

It wasn't until plan department employees saw Baney building the shed that he learned of the ordinance limitations.

In other business, the board:

• Heard from attorney Steve Snyder that adjoining property owners had not been notified of a request by Steve and Connie Rufenbarger, 1131 Country Club Drive, for a variance from development standards for a 14- foot rear yard single-family residence setback.

• Heard a request by Lake City Builders, 1000 S. Union St., for a porch addition setback had been withdrawn. [[In-content Ad]]

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