Hearing Officer Lawrence Clifford reviewed two cases involving unsafe and zoning compliance issues Monday and set future hearings for February.
Clifford heard a case involving property owned by Stan Long at 2425 Hendricks St., Warsaw.
Building Commissioner Todd Slabaugh said the Warsaw building and planning department received a complaint about the conditions around the property's exterior.A letter was sent Oct. 10 to Long from the department stating the property has turned into a junk yard and is growing over the property line into the right of way.
Slabaugh said he received a complaint from Warsaw Chemical that their trucks are having trouble making it out of their own lot due to vehicles parked in the right of way.
Slabaugh said the use of a junk yard or automobile lot of any kind is not permitted in an Industrial-1 zoned lot.
Winona Lake resident Stan Long said he formerly operated a business repairing boats at the property. He intends to sell the property to Ryan Orlacchio, who is wanting to use the property for car sales.
Orlacchio currently is renting the property from Long and is going through trailers on the property he owns that contain vehicles and deciding what can be sold.
Long said there has not been a written agreement for selling the property, and he has been working to get a survey completed on the property.
Slabaugh said the property is zoned I-1 industrial and prohibits car sales.
Clifford ruled Long needs to apply for a variance of use by noon Friday. The board of zoning appeals will need to review the request to determine if a car lot will be allowed on the property.
Clifford also ordered the property to be cleaned and all items violating the current zoning ordinance be removed.
Another case reviewed was the property of Roland and Carolyn Stafford, 1824 Sue Ave.
There were two previous hearings in August and October for the property that was called unsafe by the city.
A hearing regarding the property was Oct. 15 when Clifford imposed a $1,000 civil penalty fine on the property.
Linda Shull, who lives with the Staffords, attended the hearing in October to speak on behalf of the couple, who were not able to attend the due to health problems. She said she was working with a friend to clean up the property.
Clifford ordered during the October hearing an interior inspection of the property be conducted.
Slabaugh said he and Mike Wilson, assistant fire chief for the Warsaw Fire Department, completed an inspection on the home Monday before the hearing. Slabaugh said Shull has been cleaning the property.
Wilson said the property still remains a safety hazard with combustibles in the garage, but a five-foot path has been made from the home's living room to its kitchen.
The Warsaw Fire Department was called to the Stafford's residence Nov. 23, 2005, due to the occupants complaining of smelling smoke.
The fire report stated the living room had an abundance of combustible materials such as boxes, paper and trash piled in front of the couch area, leaving a walk path of approximately two feet.
Another hearing will be Feb. 18 at 1:30 p.m. at city hall to review the cases.
