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WINONA LAKE - The end may be in sight for the dispute between Jerry Smith and the town over his trailer park on Winona Avenue.
The commission recommended an agreement to the town council that would allow Smith to maintain the commercial zoning classification for his property at 2308 Winona Ave., while he agrees to remove the trailer park by July 1, 2001.
The agreement was reached by eliminating a more restrictive clause proposed by the town's attorney, Jim Walmer, for a list of uses proposed by Smith's attorney, Steven Snyder, that will serve as a guideline.
"Essentially the only problem I have with Jim Walmer's deed proposal is that he has limited the uses allowed to a doctor's or dentist's office, or a beauty salon or barber shop," Snyder said. "It's not practical to have an exhaustive list, because as soon as we limit the acceptable uses to a fixed number, someone will come in with another equally acceptable use that's not on the list."
While the rest of the commission was convinced by Snyder's argument, board member Brent Wilcoxson was not.
"My concern is that by not placing specific limits on the uses, a personal services business could be a tattoo parlor and a retail business could be an Auto Zone," Wilcoxson said.
Commission chairman Mike Grill said he agreed with Snyder that a detailed list of acceptable uses was not the most reasonable approach to resolve the dispute.
"I'm personally much closer to Mr. Snyder's position than to Brent's," he said.
The other board members agreed with Grill and the restrictive deed agreement was approved as amended 4-1, with Wilcoxson the only dissenter.
In other business, the commission recommended an amendment to the town's zoning ordinance that prohibits tattoo/body piercing parlors from being located within 400 feet of a school, church or residential use and a sexually-oriented business from within 500 feet of those uses.
The commission also announced it will investigate the possibility of changing the town's ordinance on parking, calling for a prohibition of parking on one side of the town's residential streets one day and on the other side the next.
"This would allow us easier access to the town's streets for street sweeping and snow removal," said Kim Endicott, board member and public works superintendent.
