| REGULAR MEETING ZONING |
JANUARY 21, 2010 |
| 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, Kenneth Vance, Karen Worrell; Alternate, Mark Jaffray
ABSENT
Boardmember Mike Palazzolo ALSO PRESENT Randy Sapelak, Zoning Administrator
APPROVAL OF MINUTES
Regular Meeting October 1, 2009
ZB-10-01 Brandt moved, Borg seconded, to approve the minutes of the October 1, 2009 meeting as presented. Motion CARRIED
NEW BUSINESS
VA-10-01, Heyn, 16-10-228-002, 525 N. Main, Req. Var. From Ord. #231, Art. XII, Sec. 94-350, (l) (2) a, & Sec. 94-350 (l) (2) b, Wall Signs
Mr. Sapelak read his letter dated 12/17/09 (on file at Village office).
Jeff Heyn, 1310 Pettibone Lake Road, Highland was present to answer any questions of the Boardmembers. He explained that he and his wife, Anne, as well as John Walker and Richard Harrison are the new owners of the Mill Valley Center. He said the primary reason for the request would be to bring attention to the tenants located on the lower level of the center as well as available parking located on the west side of the building. He said currently the tenant space at the center is only 50% filled. The proposed sign will allow the tenants on the lower level to have Main Street visibility. He thanked the Boardmembers for having the special meeting tonight.
Mr. Walker, said that it is their hope that the area would grow and the Village would prosper. He said the sign will add to the aesthetics of the building and not be a distraction.
DISCUSSION
The Boardmembers, Mr. Sapelak and Mr. Heyn discussed the following: The proposed sign was determined to be a wall sign by Mr. Sapelak and Village Planning Consultant, Nickolas Lomako. For the first variance to Sec. 94-350 (l) (2) a, it was not necessary to advertise the exact amount the sign would exceed the 1’ projection that is allowed by ordinance. From the outermost Southern wall (adjacent to lower level entrance) of the building the sign will extend 42’ from that wall. A variance for a sign was given to the building on the corner of Water & Main Streets for tenants whose door faced Water Street to have visibility on Main Street. The first variance is for the sign to project away from the front of the building more than the 1’ that is allowed by ordinance.
ZB-10-02 Worrell moved, Borg seconded, to grant a non-use dimensional variance to VA-10-01 from Ord. 231, Art. XII, Sec. 94-350 (l) (2) a, for the upper front building elevation south corner of the atrium entrance nearest to pedestrian walkway not to exceed more than 44” eastward which is for the most outer part of the sign running east and west. With the condition that the sign is strictly for directional purposes and for lower level tenants and not to be used for upper level Main Street tenants, based upon the following facts found to be true:
1. The main entry way for the lower level of the building is set back 12’ on the south side and 10’ on the north side, from the front face of the building.
2. The front building upper elevations are as drawn on page 9816 A-201 of the material provided (on file at Village office).
3. Granting the variance will benefit Public safety needs of the community.
4. The sign will be visible to both pedestrian and vehicle traffic.
5. The applicant is not able to have a monument sign.
6. The sign will assist people new to the Village and inform them of parking for the Mill Valley Center.
7. The purpose of the sign is to identify parking and lower level tenants.
8. The uniquely designed sign is curved and therefore the entire sign will not project out.
9. The minimum variance amount is being requested.
ROLL CALL VOTE
YES – Borg, Brandt, Ford, Hawley, Vance, Worrell, Jaffray
ABSENT – Palazzolo Motion CARRIED
The second variance is to allow placement of a directional sign, a business center sign and two tenant band signs to advertise lower level businesses the back side of the building at the eastern main public atrium.
ZB-10-03 Borg moved, Brandt seconded, to grant a non-use dimensional variance to VA-10-01, from Ord. 231, Art. XII, Sec. 94-350 (l) (2) b, with the condition that the tenant band sign is only for lower level tenants that have no Main Street exposure based upon the following facts found to be true:
1. The unique design of the sign will allow for identification of tenants and parking on the lower level of the building.
2. The placement of the sign is located at the Public entrance and not over a specific business on Main Street.
ROLL CALL VOTE
YES – Brandt, Ford, Hawley, Vance, Worrell, Jaffray, Borg
ABSENT – Palazzolo Motion CARRIED
ZB-10-04 Borg moved, Brandt seconded, to grant a non-use dimensional variance to VA-10-01, from Ord. 231, Art. XII, Sec. 94-350 (l) (2) b, for signage placed in front of the east atrium entrance to the atrium not to exceed 15.58 square feet, over what be allowed based upon the following facts found to be true:
1. The sign will benefit the public health, safety, and welfare of the community.
2. Only the square footage of the atrium wall entrance as opposed to using the entire east elevations has been used for calculation purposes.
3. The variance will afford tenants on the lower level exposure on Main Street.
4. The maximum allowed is 46 square feet, but in order for the sign to be visible and readable the applicant will need a minimum of a 15.58 square foot variance.
ROLL CALL VOTE
YES – Ford, Hawley, Vance, Worrell, Jaffray, Borg, Brandt
ABSENT – Palazzolo Motion CARRIED
The applicant has one year to act on the variances.
CALL TO THE PUBLIC
There was no response from the Public.
ADMINISTRATIVE COMMENTS
Mr. Sapelak reported that there are no items for the February meeting.
BOARDMEMBER COMMENTS
Boardmember Worrell commented that the last ZBA meeting was in October and said she did not think that it was good to go for so long without meeting when there are no agenda items. She asked if there would be a cost to the Village to have a work session between agenda items. Mr. Sapelak said that there would be no cost to have a work session and said that he has spoken with Mr. Lomako about the possibility of having him come to the Village to conduct classes and invite other communities as well for a fee.
Boardmember Worrell said that education is the key to having a good Board. Boardmember Worrell congratulated Boardmember Brandt on her recent appointment to Township Clerk when the current elected Clerk, Colleen Schwartz retires on 3/31/10.
ADJOURN
The meeting was adjourned at 9:15 p.m.
Nancy Scott, CMC Milford Village Deputy Clerk | 
