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Dense - adj. closely compacted, crowded together.
With that definition, found in The Oxford Dictionary, one might think "dense" is rather self-explanatory.
But in a case between William Haldewang and the city of Warsaw, dense is definitely in the eye of the beholder.
The question of how dense is dense was brought before the Warsaw Plan Commission by Marty Stephens of 2010 Deer Trail, in the Rolling Hills subdivision. Stephens' rear property line abuts that of the industrial park owned by Haldewang.
According to the July 1994 minutes of the Warsaw Plan Commission, Haldewang obtained approval for the industrial park development, with a commitment to provide a, "20-foot wide, dense evergreen barrier to obscure vision and light."
Additionally, the evergreen trees were to be planted on top of a 3-foot earthen berm.
The berm is in place, but the "dense evergreen barrier" consists of 3- to 4-foot-tall evergreen trees planted 8 to 10 feet apart.
"I don't think what we have there now, in any way, fits the definition of 'dense,'" Stephens said.
And it appears that at least city attorney Mike Valentine concurs with Stephens' assessment. In an October letter to Haldewang, Valentine said, city code 25-133 requires a 25-foot evergreen barrier when industrial districts border on a residential area. The ordinance defines dense as, "the barrier should have the density, so that vision and light will be substantially obscured from adjacent properties."
Warsaw attorney Richard Helm, who is representing Haldewang in the matter, declined to discuss specifics of the case between his client and the city, other than to confirm that negotiations are ongoing.
"Mr. Stephens and Mr. Haldewang are in a property line dispute," Helm said. "The screening issue is between the city and Mr. Haldewang."
He added that the question of the screening centers on what Indiana law requires of zoning ordinances.
"The requirement is for clear and objective standards, not 'dense barrier,'" Helm said. "The plan commission approved the plat with the objective standards in terms of screening."
The plan commission approved exactly what is in place now, Helm said.
Helm and Haldewang have offered to plant an additional nine trees along the berm between the industrial park and Stephens' property, in an attempt to avert court action.
Valentine and the plan commission met in executive session May 3 to discuss the proposal, and all have declined to comment on the proposal or the meeting.
