Continuously serving Kosciusko County since 1854
Don Doan has run a small engine repair shop from 202 S. Union St. since 1981.
The shop is in a residential-3 zone, and the city of Warsaw has a long history of correspondence regarding the operation, known as Sheradon Enterprises.
Prior to Doan's occupation of the building it was used as a citizen's band radio shop.
Zoning ordinances have been amended and updated twice since Doan began business, once in 1986 and again in 1998.
Since 1986 Doan has been advised he is using the property in a nonconforming manner.
South Bend attorney Larry Clifford, Warsaw's hearing officer, heard testimony from Doan and assistant city planner Kristy Mehlburg Monday.
Mehlburg said the city believes Doan is operating a junkyard, using the property in a legal (grandfathered) nonconforming manner and using the right of way.
She presented pictures of the property taken prior to the hearing.
Lawn mowers were in the right of way along Union and Market streets.
Part of the property is fenced. Doan has permission to store odd piles of equipment on the Bixler property next door.
Clifford questioned Doan at length about the nature of his business.
Doan said he often has to wait for ordered parts, sometimes as long as four weeks, before he can repair a mower. He said he is backlogged and, even if he had all the parts today, it would take four weeks just to make necessary repairs.
The right of way serves as a storage lot for several riding and push mowers. They are either awaiting repairs, need to be picked up by owners or are on sale by consignment.
He does not have space for inside storage.
Doan said the longest time a mower has sat outside is about six weeks.
The repairman said business has tripled in the last 20 years and admitted the number of mowers stored outside in various states of repair has increased, too.
City attorney Bill Fawley said improvements on other properties have generated complaints about the look of Sheradon Enterprises.
Clifford disagreed with the city's assertation that Doan is operating a junkyard.
Expansion of use, however, is not allowed in nonconforming zones, and items occupying a right of way is illegal.
Clifford decided to make an on-site inspection of the property, and following that, advised Doan he would render a decision in about a week.
