Warsaw Hearing Officer Lawrence Clifford Tuesday ordered continued compliance for clean-up of property in Warsaw that is being proposed for an automobile dealer and body repair shop.
The property currently is zoned as a limited industrial district and is at 2425 Hendricks St.
The property has been cited by the building and planning department for code violations, including the use of the property as a junk yard and an automobile lot, according to City Planner Jeremy Skinner.Petitioners Stan Long and Ryan Orlacchio first presented their request to Clifford for a variance of use at a Dec. 17 hearing at city hall to permit the automobile business.
Long said he owns the property, and Orlacchio is requesting to purchase the property from him for an automobile business. Orlacchio then plans to construct an addition on the structure to locate the business.
Orlacchio said he has been working to clean up the property. He said the items on the property are his, and that he will use them in the proposed business.
Clifford ruled at the Dec. 17 hearing Long needed to apply for a variance of use, and ordered the property to be cleaned and all items violating the current zoning ordinance be removed.
Warsaw Building Commissioner Todd Slabaugh said the department received complaints regarding the property in September from adjacent property owner Warsaw Chemical. He said the complaints were regarding junk being piled on or near the road, and trucks could not maneuver.
An order to comply was issued by Clifford at a code hearing Dec. 17. The order to comply required Long to petition for a variance of use and to also clean up the property or he would receive civil penalties.
Long applied for a variance of use and the Warsaw Board of Zoning Appeals reviewed the variance request at its Jan. 28 meeting. The board tabled the zoning request until the board's August meeting to allow Orlacchio time to clean up the property. Orlacchio said, during Tuesday's hearing, he has been working to clean the property.
Richard Helm, attorney at law for Rockhill Pinnick Attorney LLP, attended the hearing representing Long, who could not make Tuesday's hearing.
"We need to be specific in what items need to be removed from the property for the petitioners so that they are in compliance," Helm said.
Slabaugh said he looked at the property Tuesday and said the property still does not meet compliance for clean-up with lawn mowers on trailers on the property and other non-running vehicles.
Clifford said Orlacchio had until Feb. 28 to meet with City Attorney Mike Valentine, Helm and Slabaugh to define which items need to be removed from the property to meet zoning compliance.
Clifford also ruled an additional 20 percent of the property needs to be cleaned up, and the civil penalty continues to be imposed now until April when a hearing is scheduled to review the case again.
The case will be heard April 21 at 1:30 p.m. at city hall.
