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The Warsaw Plan Commission reluctantly approved two agreements with separate business owners, despite some serious concerns about setting bad precedents.
The first agreement approved was with William Haldewang, owner of the industrial park development north of the Rolling Hills subdivision. At issue was a 1994 landscape buffer screening agreement between the industrial park and the city to shield the residential area from the industrial park.
"We've reached a settlement agreement and release of all claims with Mr. Haldewang," said city attorney Mike Valentine. "This is the same agreement previously reached, that includes the planting of nine additional trees along the property line with Rolling Hills, and a delay in the planting until after Sept. 30.
"This is in direct response to what this board asked me to accomplish and I'm simply asking you to sign the agreement and authorize the mayor to sign the agreement."
Commission president Joe Thallemer said he was in favor of the agreement to end the year-long disagreement between Haldewang and Rolling Hills resident Marty Stephens, 2020 Deer Trail, whose rear property line run in excess of 300 feet along the Haldewang development.
"This issue has been going on for a long time. The Warsaw Plan Commission believes the nine trees meet the new standards (of providing a dense, vegetation barrier)," he said.
Stephens said while he appreciated the commission's attention to the dispute, he strongly disagrees with the board's decision.
"I'm very disappointed in the commission's decision," he said. "You had a developer commit to certain standards and now you've just let him out of having to live up to those commitments."
The second approval granted by the commission was to Earl Howard, owner of Little Hawks Gun at 975 Warren St.
Howard recently purchased the property, erected a new building and added a cement parking lot. However, no building permits were obtained for the project and after the parking lot was completed, it was discovered a portion was encroaching on the city's right of way.
"What harm has been done?" asked Howard. "No one has complained and we've only received compliments on what we've done out there."
Board member and city councilman Mac Silveus agreed.
"I don't see where this is hurting anyone and I don't want to do anything that will discourage any small business development," he said.
Thallemer said while he sympathizes with Howard and the plight of small business owners, he was uncomfortable with sending a message to others that the proper permitting procedure won't be vigorously enforced.
"I think the city needs to look at some type of mechanism to allow for fines when a developer fails to follow the permit procedures," he said.
The board approved, after the fact, both the new building and the parking lot, with its encroachment. However, the board placed the condition on its authorization that if any problems arise with traffic, right of way, liability or drainage, the property owner will be required to remove the parking lot at their expense.
In other business, the commission recommended the approval of annexation petitions for 427.5 acres along CR 150W and north of U.S. 30, with approximately 350 acres being in the industrial zoning classification. The area also includes commercial and residential classifications.
The second annexation petition recommended for approval was for 40 acres along Husky Trail and north of Harrison School. The property would be in the residential zoning classification.
