| REGULAR MEETING ZONING |
AUGUST 6, 2009 |
| 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; Alternates David Bluhm, Mark Jaffray
ABSENT
Boardmembers Palazzolo, Vance, Worrell
ALSO PRESENT
Randy Sapelak, Zoning Administrator; Thomas Nader, Village President
APPROVAL OF MINUTES
Regular Meeting June 4, 2009
Chairman Hawley asked the Boardmembers if they would have any objections to moving the approval of the minutes to the last item of business.
There were no objections from the Boardmembers.
NEW BUSINESS
VA-09-05, Tricoff, Red Dog Saloon, 16-03-476-011, 250 W.Summit, Req. Var. From Ord. #231, Art., XIV, Sec. 94-422 (4) a, 2
Chairman Hawley verified that the notices were sent and that there was no response from the Public.
Mr. Sapelak reviewed his letter dated 7/14/09 (on file at Village office).
Jeff Tricoff and Joe Bonish with the Red Dog Saloon, 250 W. Summit, were present to seek approval to host a fund raiser on 8/29/09, to help a local family in need.
Mr. Bonish explained they would be closing off part of the parking lot to allow for tents to serve food and beverages outside as well as to hold casino tables. He said live bands would be performing outside from noon until 9:00 p.m. at which time the bands would continue to play inside until 1:00 a.m. and the casino tables would continue to stay outside. He further explained that concerns the Fire Department had of the spacing between the tents and the type of barrier being used around the parking lot have been addressed on the revised site plan provided (on file at Village office). Mr. Bonish said trash receptacles will be provided on site and clean up will begin once the event is over and be completed by 10:00 a.m. on Sunday.
BOARDMEMBER COMMENTS
The Boardmembers, Mr. Sapelak, Mr. Bonish and Mr. Tricoff, discussed the following: There will be three casino tents. A gaming license has been received. Approval letters from adjacent property owners and the building owner are provided in the packet. The west entrance will be completely closed and the entrance near the railroad will be open. Approval for outdoor liquor sales will be necessary if ZBA approval is received. American Legion members will be doing the clean up and on site security.
ZB-09-06 Jaffray moved, Brandt seconded, to approve VA-09-05, Tricoff, Red Dog Saloon, 16-03-476-011, 250 W. Summit, a variance from Ord. #231, Art., XIV, Sec. 94-422 (4) a, 2, Approval of Temporary buildings and uses and based upon the following facts found to be true:
1. Adequate lighting will be provided for.
2. Sufficient parking will be provided for.
3. Approval letters have been received from adjacent business owners.
4. Fire & Police Department approval has been received.
5. A charity license has been obtained.
6. Security will be provided for by American Legion members.
7. Clean-up will be completed by 10:00 a.m., the following day after the event.
8. Outside live band performances will cease at 9:00 p.m., excluding the casino tents that will remain.
9. Granting the variance will not have an adverse affect on the health, safety or welfare of the community.
ROLL CALL VOTE
YES – Ford, Brandt, Borg, Jaffray, Bluhm, Hawley
ABSENT – Worrell, Palazzolo, Vance Motion CARRIED
The applicant has one year to act on the variance.
VA-09-06, Worrell, 16-10-428-007, 250 W. Huron, Req. Interpretation or Modification of Ord. #231, Art., XV, Sec. 94-456, Yard Regulations
Chairman Hawley verified that the notices were sent and that there was no response from the Public.
Mr. Sapelak reviewed his letter dated 7/30/09 (on file at Village office).
Darien Worrell, 250 W. Huron, was present and asked that the item be postponed until the September meeting when he will have legal representation present.
ZB -09-07 Brandt moved, Jaffray seconded to postpone VA-09-06, until the September 3, 2009 meeting. Motion CARRIED
Election 2009 – 2010 Chairman & Vice-Chairman
ZB-09-08 Brandt moved, Ford seconded, to re-elect Daniel Hawley as Chairman and Michael Borg as Vice-Chairman for 2009-2010. Motion CARRIED
APPROVAL OF MINUTES
Regular Meeting June 4, 2009
Chairman Hawley explained to the Boardmembers that at the June 4, 2009 meeting, the findings of fact were made throughout discussion relating to VA-09-04, but those findings were not clearly stated in the final motion. Therefore, the motion resulting from the discussion did not contain those findings and, for clarification of the record, the Board must state their findings of fact to support the motion that was made.
ZB-09-09 Brandt moved, Jaffray seconded, to approve the minutes of the June 4, 2009 meeting as amended:
Page 1-1, Second paragraph under New Business, “…sent and that there was no response.” change to “...sent and there were no responses.”
Page 1-1, Fourth paragraph, fourth line, “…ground, and only…”, remove “and”. Page 1-2, Motion VA-09-04 revised to read as follows:
ZB-09-02 Palazzolo moved, Borg seconded, that the Zoning Board of Appeal’s, determination is that the salvage operation being conducted at 250 W. Huron is an illegal Home Occupation in that it does not comply with Ord. 231, Art. XII, Sec. 94-345, Home Occupations, based upon the following facts: 1. The owner of 250 W. Huron did store goods and materials outside the home, violating Sec. 94-345 (2). 2. The ZBA determined that placing goods and materials in the back of an open pick up truck and parked in the Village Right-of-Way is considered outdoor storage and a violation of Sec. 94-345 (2). 3. Mr. Worrell stated he receives payment for the scrap he collects which the ZBA determined as a Home Occupation. ROLL CALL VOTE YES – Hawley, Ford, Brandt, Borg, Palazzolo, Vance ABSTAIN – Worrell Motion CARRIED
Page 1-3, Sixth paragraph, fourth line, “…weekend they would put the tent up.” change to “…weekend the tent would be up.” Motion CARRIED
CALL TO PUBLIC
There was no response from the Public.
ADMINISTRATIVE COMMENTS
Mr. Sapelak he was not sure why Mr. Worrell asked for a postponement and told the Boardmembers to not be intimidated if an attorney should be present at the next meeting.
Chairman Hawley said after reading the packet provided by Mr. Worrell, he is still not sure what he is requesting from the ZBA.
Mr. Sapelak said that Mr. Worrell is asking that the north side of his yard be considered his front yard and the south side considered a rear yard. He explained that Mr. Worrell believes the west side of his property to be a side yard, but he and Planning Consultant, Nick Lomako, interpret the west side of the property to be the front yard.
BOARDMEMBER COMMENTS
Boardmember Brandt reminded everyone of the Village election on 9/15/09.
ZB-09-10 Borg moved, Brandt seconded, to suspend payments of the meetings until economic conditions have improved. Motion CARRIED
ADJOURN
The meeting was adjourned at 8:24 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
