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BZA Denies Exception For Lewis Salvage Expansion

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Warsaw Board of Zoning Appeals denied a request Monday night for a special exception to allow Lewis Salvage Corp. to be located in an industrial district.

The board also denied a request for a setback to allow for a fence on the property.

Lewis was requesting the exception to expand in a district zoned industrial at 400S Zimmer Road.

Lewis Salvage Corp. is currently located at 1961 White Industrial Drive, Warsaw, and wanted to purchase the Zimmer Road Property to expand its operations.

The city's zoning ordinance states scrap yards are permitted in industrial zones provided that uses are located on sites having a minimum of two acres.

The Zimmer Road proposal would be located on 1.84 acres.

The city's ordinance also states buildings or structures must be located a minimum of 50 feet from adjacent property lines.

Lewis Salvage Corp. would be located a minimum of 30 feet from the adjacent property lines, and therefore would not meet the 50 feet minimum requirement.

Board member Bruce Woodward made a motion to deny the special exception, and board member Sean Boylan seconded the motion.

Board members Mary Ellen Rudisel-Jordan, Tom Allen, and Rick Keeven approved denying the request.

Woodward said he had a hard time approving the special exception to allow the scrap yard in an industrial district.

He said the property does not have minimum setback requirements, adequate screening and fencing.

According to city code, a scrap yard is only allowed as a special exception in an industrial zoned district. It is not allowed as a permitted use anywhere in the city.

Scrap yards looking to locate in the city are required to come before the zoning board to ensure that they are properly located.

Several adjacent property owners attended Monday's meeting and voiced their concerns with allowing the special exception.

John Bauman, owner of Bauman Stoneware, who is a property owner south of the Zimmer Road property, said he thought allowing the salvage yard on Zimmer Road would be an eyesore and will ruin his property values.

Christopher Rason, manager for global real estate for Zimmer, read a letter from Chad Phipps, senior vice president for Zimmer, that stated objections to allowing the scrap yard at the Zimmer Road location.

The letter stated not only would the proposed scrap yard expansion be visible from the Zimmer facilities, but the expanded area would be an eyesore travelling on Zimmer Road which serves as one of the main entries into the industrial park.

Cindi Cox, who owns a hayfield east of the Zimmer Road property, and a property on Winona Avenue and Zimmer Road, said she had concerns if the scrap yard was allowed near the hayfield, scrap metal would blow on her property.

"I respect Mike's business, but have more respect for the city of Warsaw," Cox said.

Michael Lewis, Lewis Salvage Corp., owner said he purchased the building and wanted to expand his operations.

The board also reviewed a request from Lewis Salvage Corp. for a setback for a fence at 400 S. Zimmer Road.

The board denied the request to allow the setback for a fence. The zoning guidelines requires a 10 foot setback from the right of way for fences on interior properties in all districts in order to provide clear unobstructed vision along public right-of-ways.