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Board reaffirms building‑department cease‑and‑desist for home‑based retail at 1022 Park Ave.
Summary
The board affirmed a cease‑and‑desist order against a resident operating a retail business from a Chesterton home after staff presented Facebook posts and other evidence the activity constituted ongoing commercial activity rather than occasional yard sales; the board waived the $50 filing fee for the appellant.
The Chesterton Board of Zoning Appeals on July 23 reaffirmed a building department cease‑and‑desist order against a resident operating regular pallet/liquidation sales from a home at 1022 Park Ave (business referenced as K and J Wholesale Liquidation).
Building‑department staff said a complaint and a review of the petitioner’s Facebook posts showed repeated advertising, the listing of the home address on a business page and posts (including July 19) announcing sales at that address. The petitioner (who identified herself in the meeting as a homeowner and said she had an EIN and had registered with the state) said she believed she had followed prior guidance and that early discussions with town staff had indicated occasional yard sales were allowed. She said she had held sales in June and, later, had advertised pickups in Chesterton.
Board counsel and members reviewed procedural options and found the evidence supported the building department’s view that the activity had crossed from occasional yard sales into an ongoing retail operation that requires appropriate licensing. The board voted to waive the $50 filing fee for the appeal and to reaffirm the building‑department cease‑and‑desist. Counsel advised petitioners to file complete materials if they intend to pursue an administrative appeal or a use‑variance application; staff offered to meet with the petitioners to explain compliance paths.
"We sent the cease and desist," a staff member said, noting the Facebook posts that listed sales and the home address. The board suggested alternatives such as seeking a market stall or storefront if the petitioner wishes to continue retail operations.
