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Warrick County panel tables enforcement cases, finds one site in compliance; two cases set for October review
Summary
The commission tabled several code-enforcement matters to its October meeting, found a business at 315 West Walnut in compliance after online listings were removed, and set hearings and inspections in two other complaints, including a parking dispute involving Tiptop Homes and a powder-coating business.
The Warrick County Area Planning Commission handled multiple code-enforcement items at an August meeting, tabling most pending matters to October while finding one business compliant with county rules.
Fence variance and BZA referral: The commission reviewed Complaint 25-027922 regarding a privacy fence at Oak Grove Road filed by Pamela Fay Ethridge (trustee), which alleged a fence exceeding front-yard height limits. Staff said the property owner had filed a variance seeking to allow a 4-foot fence within the first 25 feet; that variance will go to the Board of Zoning Appeals (BZA) on Aug. 25. The commission voted to table the enforcement matter until the October meeting so the BZA action could be resolved.
Business compliance finding (315 West Walnut): Complaint 25-04 alleged an operating business at 315 West Walnut Street. Staff reported that the business website and address references had been removed and a neighbor reported no observed activity. The commission voted to find the property in compliance.
Tiptop Homes parking dispute (25-07207): A complaint raised parking concerns at an apartment conversion on Church Street in Lynnville. Staff said the complaint listed 32 apartment units and 40 parking spaces; the ordinance requires two spaces per unit. Historical materials in the packet indicate Lot 5 (where the apartments are) and adjacent Lot 7 were once under common ownership; Lot 7 had been rezoned in 1986 to allow 15 apartment units with 36 parking spaces on Lot 7. Staff noted the lots were sold to different owners in February 2017 and Lot 5 sold again in 2021. Inspector photos from Aug. 4 were included in the packet. Counsel for Tiptop Homes, Toby Shaw II, told the commission he intends to research whether a prescriptive, consent, implied or prior-use easement exists for the parking and asked for two months to report back. The commission agreed to table the item to the Oct. 14 meeting (a Tuesday at 6 p.m.) and asked staff to place it on that agenda.
Powder-coating operation (25-081622): Complaint materials alleged a powder-coating and sandblasting operation at Squareville Mine Road (property listed to Daryl and Brenda Hoover) had dispersed coating material onto neighboring property and vehicles. Staff said the property is in an agricultural zone that does not allow the business use and that a cease-and-desist letter was issued on July 10. The owner, Scott Hoover, told the commission he has been seeking a suitable building elsewhere (in Booneville) and had been transporting work offsite pending a move. An IDM inspection reported no violations on the site. The commission voted to table the matter to the October meeting and directed staff to have an inspector verify compliance before the October meeting. The cease-and-desist remains in effect.
Motions and outcomes: the commission voted to table the Oak Grove fence complaint until October, found 315 West Walnut in compliance by voice vote, tabled the Tiptop Homes parking matter to Oct. 14 at the request of counsel, and tabled the Hoover powder-coating complaint to October with an inspector verification requirement. No formal fines, orders to remove structures, or additional enforcement remedies were recorded on the record at the meeting.
The cases will return to the commissionagenda in October for further action as appropriate.
