Continuously serving Kosciusko County since 1854
"I can't believe the money spent and the time lost one one sign," said Carl Wendel. "I'm tired of it."
Wendel's comments came during Monday's code enforcement hearing, after months of conversation, litigation and confrontation regarding a Burkhart outdoor sign.
Hearing officer Lawrence Clifford asked Wendel what he thought about the situation, which began in 1999. Wendel contracted with Burkhart in August 1999 for signage on his property north of U.S. 30 and west of Ind. 15.
In December 2000, as part of a contract with Lowe's Home Improvement Warehouse, the sign was to be moved when construction began. On May 15, 2001, the sign was hauled and erected further west.
The building and planning department became interested in the sign because of the city-imposed sign moratorium banning any new, off-property outdoor advertising signs. The ban has lasted more than two years.
Last month the Warsaw Board of Zoning appeals denied a variance for the sign.
"It denies their rights," said James W. Tuesley, a lawyer with Barnes and Thornburg, who represented Burkhart Advertising. "The sign was previously valid, it was just moved a few feet."
He presented Clifford with a copy of a recent decision by Seventh District Federal Judge Shap - Burkhart v the City of Auburn, where an outright ban was found unconstitutional.
Wendel assigned his legal rights to Burkhart in the matter, Tuesley said.
During last month's code enforcement hearing the item was tabled bending the BZA's decision.
Wendel also suggested he knew a guy who could cut the sign down and haul it to a scrap yard, sending the bill to the city.
"Well, you can send a bill to the city," Clifford said. "I don't know if you will be reimbursed."
Wendel's other idea was to cut the sign down, cover it with dirt and add grass seed and water.
Clifford said he would study the case presented by Tuesley and issue a decision in seven days.
In other business the hearing officer:
• Gave Frauhiger Realty 30 days to remove a section of fence supporting an affixed sign along Winona Avenue and add the hardware to make the sign free-standing.
• Took under advisement a complaint about an unsightly fence at 2704 Glad St. owned by Marek Jarski. The property will be offered at sheriff's sale in December, according to Mike Armey, an attorney representing Lake City Bank.
An order to reboard, paint or otherwise make the 130-foot fence more attractive.
Clifford commented sheriff's sales are set 45 days after foreclosure in St. Joseph's county, "and we think that's too long."
