| REGULAR MEETING |
MAY 1, 2008 |
| 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, Timothy Juidici, Marco Palazzolo; Alternate, Kenneth Vance
ABSENT
Karen Worrell
ALSO PRESENT
Randy Sapelak, Zoning Administrator; Alternate Mark Jaffray
APPROVAL OF MINUTES
Regular Meeting February 7, 2008
ZB-08-06 Brandt moved, Borg seconded, to approve the minutes from the February 7, 2008, meeting as presented. Motion CARRIED
UNFINISHED BUSINESS
VA-08-02, Petrov, 16-10-280-004, 289 N. Main, Req. Var. From Sec. 94-350 (I) (2), a, To Install Sign 3’ Over Parapet Line
Chairman Hawley verified that the notices were sent and that there was no response from the Public.
Mr. Sapelak reviewed his letter dated 4/10/08.
Dmitry Petrov, 289 N. Main, owner of Allstar Corner, was present to answer any questions from the Boardmembers. He said that because his business is located on the side of the building, a sign on the wall would not be visible to patrons on Main St. He explained that a sign on the roof would be best for his business. Mr. Petrov said the sign would not be lit and would be constructed of lightweight material.
Mr. Sapelak said the email provided by the owners of the building, Gary & Karen Shelton, authorizing Mr. Petrov to construct a sign on the building would need to be signed by one of the owners and submitted for the file.
The Boardmembers discussed the other addresses located on the parcel, and the sign variance that was previously granted for 245 N. Main.
The following facts were found to be true:
1. Because of the unique shape of the building the best placement for a sign would be on the roof of the tenant space.
2. There is no room for signage on the north wall of the building.
3. Having the roof sign will allow for visibility of the business to patrons on Main St.
4. The building sits on a single parcel that has three addresses, with the applicants business being located on the north side of the building and not facing Main St.
5. A reference letter was submitted from DDA Director, Ann Barnette, dated 2/7/08, (on file at Village office).
ZB-08-07 Palazzolo moved, Borg seconded, to approve VA-08-02, Petrov, 16-10-280-004, 289 N. Main, based upon previous facts found to be true and the following conditions:
1. A letter signed by the property owner authorizing the placement of the roof sign on the building needs to be provided.
2. If addresses 245 & 289 are to be occupied by a single tenant, then the roof sign for 289 would need to be removed. Allowing only one roof sign for that single tenant.
ROLL CALL VOTE
YES – Hawley, Ford, Brandt, Borg, Palazzolo, Juidici, Vance
ABSENT – Worrell Motion CARRIED
NEW BUSINESS
VA-08-03, MacDonell Associates, 312 E. Liberty, for 16-11-204-031, 1330 E. Commerce, Req. Var. From Art. XII, Sec. 94-338 (2), Placement of Accessory Structure, & 10’ Rear Yard Setback Var. From Art. XI, Sec. 94-301, Schedule of Regulations
ZB-08-08 Palazzolo moved, Brandt seconded, to postpone VA-08-03. Motion CARRIED
CALL TO PUBLIC
Scott McVean, 742 Friar, was present to say he was opposed to the variances being granted for VA-08-03. He indicated the safety concerns he has should a gas station be constructed at the site. He said it is his belief that an ordinance is a regulating force that should not be granted just to allow the construction of a proposed project. Mr. McVean said that should the applicant come to the ZBA with another request the Public should be notified.
Boardmember Palazzolo informed the Public that variance requests were not granted, “just because”. He explained to the Public that a hardship has to be proven by the applicant.
Mindell Poplars, 730 Friar, was present to state that she was opposed to the construction of a gas station at the site for many reasons, particularly those of safety and environmental concerns.
Boardmember Palazzolo said that while it is a good idea to attend the meetings to voice concerns, writing a letter to the Board to be placed in the file is also helpful.
Karen McVean, 742 Friar, was present to say she was opposed to the granting of the variances due to safety concerns for her children.
Boardmember Brandt told the Public that the property is zoned B-3 and that a gas station is permissible in that zoning district. She suggested the Public take the time to review the Village Zoning Ordinance to make themselves aware of what zoning districts are near their residences and what is permissible within those districts. She also informed the Public of the Joint Township Village Master Plan meetings that have taken place over the last couple of years, all of which were advertised for. She explained that the Master Plan meetings allow the Public the opportunity to step forward and ask questions about what may be going on around them and give their input on the Future Land Use Master Plan.
ADJOURN
The meeting was adjourned at 8:07 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
