| REGULAR MEETING |
SEPTEMBER 6, 2007 |
| ZONING BOARD OF APPEALS |
1 - 1 |
The meeting was called to order by Chairman Hawley at 7:30 p.m. A quorum was present.
PRESENT
Chairman Dan Hawley; Boardmembers Michael Borg, Holly Brandt, Shirley Ford, Marco Palazzolo, Karen Worrell; Alternate Mark Jaffray
ALSO PRESENT
Randy Sapelak, Zoning Administrator
ABSENT
Boardmembers Timothy Juidici; Alternate Kenneth Vance
APPROVAL OF MINUTES Regular Meeting July 11, 2007
ZB-07-11 Palazzolo moved, Borg seconded, to approve the minutes from the July 11, 2007, meeting as presented. Motion CARRIED
NEW BUSINESS
VA-07-04, Christ Lutheran Church, 620 GM Road, 16-10-402-001, Req. Var. From Ord. 231, Art. XII, Sec. 94-353 (a)(5), Screening Walls
Chairman Hawley verified that the notices were sent and that there was no response from the Public.
Trina Kleckner, representative from Christ Lutheran Church, 620 GM Road, was present to answer any questions from the Board. Ms. Kleckner told the Boardmembers that one paper retrieval bin was currently on the site. She said she had seen one of the bins located at Muir Elementary School and did not realize a variance of any type was necessary. Ms. Kleckner explained that having the bin screened may keep people from using it. She said that it is visible from the road, but placed behind the play area; and small bushes have been planted. She explained the bin is intended to help raise finances for the church’s tuition assistance program which helped six children attend their school last year and said they would like to add one more bin for a total of two. Ms. Kleckner said the bin has advertisement on both the sides and front of the bin. She stated that the bin is emptied every two weeks and is currently raising $5.00 per ton of paper or $15.00 to $20.00 per month. The bin is available to anyone who wishes to use it. She said while it wouldn’t seem to most people that the project generates much funds, it doesn’t require anyone from the church to do anything and still generates funds to help put one child through school.
DISCUSSION
The Boardmembers, Mr. Sapelak and Ms. Kleckner discussed the location of the bin. The second bin would be located next to the first. The location of the bin allows for easy pick up without using a parking space. The church is located in a residential district and receives normal residential refuse collection. If the church decided to have a refuse dumpster, granting this variance request would not exclude them from the necessity of providing screening to the dumpster. If the property was ever rezoned, and a new business was proposed, the applicant would have to receive site plan approval from Planning Commission, who would require a dumpster to be screened. Currently in the Village the paper retrieval bins have been seen at one of the elementary schools and the Village can not regulate schools. They discussed the size and dimensions of the paper retrieval bins.
Boardmember Worrell stated her concerns with granting the variance. She said she would like to see the dimensions of the bins to be able to determine exactly what area specifically would be eliminated from having screening if the variance was granted. She said the Boardmembers should consider that the church is located in a residential zoning district, the advertisement on the bins, and also carefully consider the purpose of screening.
The following facts were found to be true:
1. Granting the variance will not have an adverse affect on the health, safety or welfare of the community.
2. Granting the variance would be a benefit to the community.
3. Granting the variance will keep paper waste from entering landfills.
4. Screening will block the advertisement on the bins which would deter the use of the bins.
5. The bins are items that the church wants to be visible so they can be easily found.
6. Granting the variance encourages recycling.
ZB -07-12 Palazzolo moved, Brandt seconded, to approve VA-07-04, granting a variance from Ord. 231, Art XII, Sec. 94-353 (a) (5), Screening walls, for not more than two paper recycling bins. Eliminating the screening requirement facilitates visibility of the bins for purposes of student tuition fun raising objectives. Granting this variance is based on the bins being placed in the location and space allocated as show on Map A (on file at Village office), submitted with the petitioner and upon facts previously found to be true.
ROLL CALL VOTE
YES – Borg, Hawley, Brandt, Palazzolo, Jaffray, Ford
NO – Worrell
ABSENT – Juidici Motion CARRIED
The applicant has one year to act on the variance.
CALL TO PUBLIC
There was no input from the public.
ADMINISTRATIVE COMMENTS
Mr. Sapelak reported that there may be a request for a front yard set back variance for the October meeting.
BOARDMEMBER COMMENTS
Boardmember Worrell said that Planning Commission was adamantly against having the paper retrieval bins in the Village and asked administration to have planning commission minutes pertaining to the bins available for the next meeting.
Mr. Sapelak stated that Planning Commission did want those who wanted the bins to apply for a variance. He said that if too many were to come about, they can’t compete with each other as the community can only support so many.
ADJOURN
The meeting was adjourned at 8:20 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
