| REGULAR MEETING ZONING |
JUNE 3, 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, Shirley Ford, Kenneth Vance, Alternate, Mark Jaffray
ABSENT
Boardmembers Michael Borg, Karen Worrell, Marco Palazzolo
ALSO PRESENT
Randy Sapelak, Zoning Administrator
APPROVAL OF MINUTES
Regular Meeting January 21, 2010
ZB-10-05 Jaffray moved, Vance seconded, to approve the minutes of the January 21, 2010 meeting as presented. Motion CARRIED
NEW BUSINESS
VA-10-02, Milford Grocery, 16-02-454-022, 965 E. Summit, Req. Var. From Ord. 231, Art. XIV, Sec. 94-422 (4) a, 3, ii, Approval of Temporary Buildings and Uses
Chairman Hawley verified that the notices were sent and that there was no response from the Public.
Mr. Sapelak informed the Boardmembers that the applicant has made the same request as he did last year in June. Mr. Sapelak asked the Board to consider a motion that would allow administrative approval should the applicant have the same request in the future.
Martin Matti, with Milford Grocery was present to answer any questions from the Boardmembers.
Mr. Matti informed the Boardmembers that the only difference in the request being made from last year is a change in the hours to allow the tent to be up from 9:00 a.m. to 7:00 p.m. Mr. Matti said the tent would be held up by metal rods that would be sunk into the asphalt.
ZBA-10-06 Ford moved, Jaffray seconded, to grant approval of VA-10-02, Parcel 16-02-454-022, 965 E. Summit, better known as Milford Grocery, a variance from Sec. 94-422 (4) a, 3, to allow a temporary outdoor tent, the size shall be no larger than 20’ x 20’ and shall be placed in the east side of their parking lot. The Milford Grocery shall be allowed to have retail sales of fresh produce for a period starting 6/4/10 and ending Labor Day weekend, September 2010. Granting of this temporary use from Sec. 94-422 (4) a, 3, allows the applicant the ability to use their property and the Board has found the standards for granting said temporary use variance has been met. Future requests may be approved at administrative discretion. Approval is based upon the following facts found to be true:
1. That adequate light and ventilation are maintained between buildings or structures.
2. That adequate automobile and pedestrian traffic flows are demonstrated and that there is adequate parking provided for.
3. That fire protection is provided for.
4. That the stability and integrity of the zoning plan are maintained and that the protection of public health, safety and general welfare are also maintained.
5. That the temporary use is not incompatible or will not adversely affect the physical character of the community.
6. That the lot where the use is proposed in generally in compliance with lot size, height, setbacks and open space ratio, etc.
ROLL CALL VOTE
YES – Ford, Hawley, Vance, Jaffray
ABSENT – Worrell, Borg, Palazzolo Motion CARRIED
The applicant has one year to act on the variance.
CALL TO THE PUBLIC
There was no response from the Public.
ADMINISTRATIVE COMMENTS
Mr. Sapelak informed the Boardmembers that a resident on Marlene may be requesting an interpretation of their yard. Mr. Sapelak explained that the yard is an unusual piece of property and the resident may be looking for direction as to where they could place a decorative fence.
BOARDMEMBER COMMENTS
There were no comments from the Boardmembers.
ADJOURN
The meeting was adjourned at 7:47 p.m.
Nancy Scott, CMC
Milford Village Deputy Clerk | 
