| REGULAR MEETING ZONING |
SEPTEMBER 4, 2008 |
| 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, Timothy Juidici, Karen Worrell; Alternates Mark Jaffray, Kenneth Vance
ABSENT
Boardmembers Shirley Ford, Marco Palazzolo
ALSO PRESENT
Randy Sapelak, Zoning Administrator
APPROVAL OF MINUTES
Regular Meeting June 5, 2008
ZB-08- 11 Worrell moved, Brandt seconded, to approve the minutes from the June 5, 2008, meeting as amended: Page 1-1, 7th paragraph, 4th line. “She said a drainage…..”, change to read “She stated a drainage problem was recently corrected, by constructing the deck the correction would not be disturbed”. Motion CARRIED
NEW BUSINESS
VA-08-05, MacDonell Associates, for 1330 E. Commerce, 16-11-04-031, Req. 10’ Rear Yard Setback, Sec. 94-301, & 5’SideYard Setback, Sec, 94-301, (i), Schedule of Regulations
Chairman Hawley verified that the notices were sent and that there was no response.
Mr. Sapelak reviewed his letter dated 8/8/08 (on file at Village office). He explained to the Boardmembers that conditional site plan approval was received by Planning Commission for the construction of a new liquor store with tenant spaces.
Craig MacDonell, Architect, 312 E. Liberty and Ramzy Karmo, owner, 1330 E. Commerce, were present to answer any questions from the Boardmembers. Mr. MacDonell explained that two of the conditions for approval included that the applicant receive a rear yard setback variance to allow for truck maneuvering and a side yard setback to allow parking to come close to the car wash next door.
Ned and June Watson, 1141 Marjorie, who live directly behind the site, were present to ask if a new retaining wall would be constructed. Mrs. Watson explained that the current wall was deteriorating and said she has concerns of further deterioration. She asked how utilities would gain access to the lines if necessary. Mrs. Watson invited Mr. MacDonell to come to view the wall from their residence.
Mr. MacDonell explained to Mr. & Mrs. Watson that a new poured concrete stamped wall would be constructed the entire length of the rear of the property. He said that the utility companies would gain access to the lines where they can.
Charlie Baldwin, 1340 W. Commerce, owner of Sparkle D Carwash, was present to say that he had no concerns with the variance request provided that a curb would be poured deep enough to prevent cars from hitting his building.
Scott McVean, 742 Friar, was present to express his concerns that granting the rear yard setback variance would allow for a gas station on the site at some point. He said granting the variance would accommodate the distance needed between pumps and the building. He asked what the hardship was. He said currently there are no trucks accessing the site that would require so much space to make their turn around. He said in his opinion there is no hardship.
Mr. Sapelak said to get the number of parking spaces required by ordinance the rear yard setback variance would need to be granted otherwise a variance for the parking spaces would be necessary.
Boardmember Borg informed Mr. McVean that gas stations were allowed in the B-3 zoning district and the property was zoned B-3.
Carl Gents, 6090 Washburn, Milford, was present and said he felt the variance was necessary to ensure trucks would have proper turn around radius within the site so they wouldn’t have to back out onto Commerce Rd., which is a hazardous.
DISCUSSION
The Boardmembers discussed the following: If there would be room behind the building for utility trucks to access the lines. Whether or not it is necessary to have the amount of space provided for trucks to turn around. The fire department received a copy of the plans. Planning Commission did not discuss access for utility companies during the approval process. Parking. The dumpster location. The applicant intends to meet the ordinance for signs. Deliveries will be made during non peak hours as requested by Planning Commission. Planning Commission requested that the plan be designed to allow for trucks to be able to turn around on the site and not out onto Commerce Rd. The lifespan of the retaining wall. The square footage of the proposed new building versus the existing building.
Mr. Sapelak said it is not in the building code to require access for utility companies. He explained that the Village Engineering Consultant reviewed the plan as did the Fire Department and neither found a problem with the layout of the site.
Boardmember Worrell said she felt the size of the building could be reduced. She said to her it seemed as if the site was being over built and asked that it be included in the minutes that utility companies were not notified.
Boardmember Juidici said he tended to agree with Boardmember Worrell. He said if the variance were granted and trucks could still not make the turn around on site, then the variance would be for nothing.
Boardmember Brandt said the new building will be an improvement to the site and stated that with the hill on Commerce Rd., and snow in the winter, it will be much easier for the trucks to turn around on the site. She also reminded the Boardmembers that adjoining neighbors are not opposed to the request.
Boardmember Jaffray stated that the applicant had to find a way to design the plan to accommodate the request of Planning Commission.
Boardmember Juidici said he thought it possible for the applicant to reconfigure the parking so that a variance would not be necessary.
Mr. Sapelak said that if the parking were to be reconfigured a variance may be needed for parking.
Boardmember Borg reviewed Sec. 74-376, Variances, from the ordinance.
The following facts were found to be true:
1. Granting the variance will allow the applicant reasonable use of the land.
2. The variance is necessary for the preservation and enjoyment of the substantial property rights for the property owner.
3. Granting the variance will not have an adverse affect on the health, safety or welfare of the community.
4. The petitioner is meeting the maneuvering requirements made by the Planning Commission, to keep vehicles from backing out onto Commerce Rd.
5. The maneuvering requirement is to benefit the health, safety and welfare of the community.
6. The car wash property owner supports the variance request.
7. An adjacent neighbor supports the variance request.
8. One resident within 300’ of the property opposes the variance request.
9. The current deteriorating wall will be removed and replaced which will help revitalize this section of the Village.
10. By moving the building to the back it will eliminate traffic to the rear of the building and minimize noise that can be heard by adjacent neighbors.
ZB-08-12 Brandt moved, Borg seconded, to grant VA-08-05, MacDonell Associates, for 1330 E. Commerce, 16-11-204-031, a 10’ rear yard setback variance from Sec. 94-301, based upon the facts previously found to be true.
ROLL CALL VOTE YES – Hawley, Brandt, Borg, Jaffray, Vance
NO – Worrell, Juidici Motion CARRIED
ZB-08-13 Brandt moved, Borg seconded, to grant VA-08-05, MacDonell Associates, for 1330 E. Commerce, 16-11-204-031, a 5’ side yard setback variance from Sec. 94-301 (i), based upon the facts previously found to be true.
ROLL CALL VOTE
YES – Brandt, Borg, Jaffray, Vance, Hawley NO – Worrell, Juidici Motion CARRIED
The applicant has one year to act on the variance.
Election, 2008 – 2009 Chairman & Vice-Chairman
ZB-08-14 Brandt moved, Worrell moved, to nominate and re-elect Dan Hawley as Chairman for 2008 – 2009. Motion CARRIED
ZB-08-15 Brandt moved, Worrell seconded, to nominate and re-elect Mike Borg as Vice-Chairman for 2008 – 2009. Motion CARRIED
CALL TO PUBLIC
There was no response from the Public.
ADJOURN
The meeting was adjourned at 9:10 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
