| REGULAR MEETING ZONING |
OCTOBER 1, 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, Mike Palazzolo, Kenneth Vance; Alternate, Mark Jaffray
ABSENT
Boardmembers Ford, Worrell; Alternate David Bluhm
ALSO PRESENT
Randy Sapelak, Zoning Administrator
APPROVAL OF MINUTES
Regular Meeting September 3, 2009
ZB-09-14 Palazzolo moved, Jaffray seconded, to approve the minutes of the September 3, 2009 meeting as amended: Page 1-2, forth paragraph, fifth line, “…cannot reasonable be…”, change to “…cannot reasonably be…” Motion CARRIED
NEW BUSINESS
VA-09-08, Heer, 16-11-104-017, 530 N. Main, Req. Var. From Ord. #231, Art. XIV, Sec. 94-422 (4) a, Approval of Temporary Buildings and Uses
Mr. Sapelak read from his letter dated 9/9/09 (on file at Village office).
Andrew Heer, 342 Taras, Highland, was present to answer any questions from the Boardmembers. He explained that he is hoping to receive approval to sell Christmas trees in the parking lot of 530 N. Main, beginning after Thanksgiving for thirty days. He provided letters from both the Police and Fire Departments, (on file at Village office) in which they had no objections to his proposal. He said he would be placing the trees on the south half of the parking lot which would take up approximately 10-12 parking spaces and the area would be surrounded by snow fencing. There will be no employee parking at the site. The parking lot will be lit by four 7-8’ flood lights as well as by Christmas lights, powered by the building owned by Janet Kinzinger.
Henry Salla, owner of 546 N. Main, was present to state that he opposes the variance request. He said patrons would have to cut across his parking lot to get to the tree lot and he feels it could be a dangerous situation. He said he believed parking would be an issue because in the month of December the salon in his building is very busy and parking is limited. He said he did not feel the proposed lighting would be adequate for pedestrians and stated his concerns with the slope of the property.
DISCUSSION
The Boardmembers, Mr. Sapelak and Mr. Heer discussed the following: Signage, snow removal, the amount of trees proposed to be sold, parking and insurance coverage.
Mr. Heer said he would apply to the Village for temporary signage, but would mainly advertise through word of mouth and through email. He stated the portion of grade that slopes is on Mr. Salla’s property and he would not be using Mr. Salla’s property. He said he would be bringing the trees in as they are being purchased and didn’t expect to sell more than 75. He said there would be five parking spaces on the lot for customer parking and if it became a problem where customers are waiting in the street he would put an employee at the entrance and turn customers away until there was a parking space available. Mr. Heer said the property is insured under Ms. Kinzinger’s policy.
Mr. Sapelak stated that the property is zoned B-2, where retail sales is permitted. The lot is not being used and as for the parking concerns the public spaces on Detroit Street are for anyone and not just for the salon.
Boardmember Palazzolo said he was not 100% comfortable that there would not be safety issues with ingress and egress.
Alternate Jaffray said he would not be in favor of granting a temporary variance over the concerns of a permanent business owner.
ZB-09-15 Borg moved, Brandt seconded, to grant VA-09-08 a temporary use variance to sell Christmas trees, from Ord. #231, Art. XIV, Sec. 94-422 (4) a, Approval of Temporary Buildings and Uses based upon the following facts found to be true:
1. Adequate lighting will be provided.
2. Letters have been received from both the Police and Fire Departments stating that there were no safety concerns.
3. The parking lot is not being used and is available.
4. The proposed plan has been reviewed by the Planning Commission.
5. The adjoining property owner is in opposition of the variance being granted.
6. The property abuts residential zoning on the east side of the parking lot but the business is planned to shut down by 8:00 p.m. to limit the disturbance to neighboring properties.
7. The proposed use of the property is in compliance with the current zoning use for the property.
8. The property is zoned for retail use, and therefore could have an on-going business where the traffic would be busy at all times.
ROLL CALL VOTE
YES – Brandt, Borg, Palazzolo, Vance, Hawley
NO – Jaffray
ABSENT – Worrell Motion CARRIED
CALL TO PUBLIC
There was no response from the Public.
ADJOURN
The meeting was adjourned at 8:15 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
