| REGULAR MEETING |
JUNE 7, 2007 |
| ZONING BOARD OF APPEALS |
1 - 1 |
The meeting was called to order by Chairman Hawley at 7:32 p.m. A quorum was present.
PRESENT
Chairman Dan Hawley; Boardmembers Michael Borg, Holly Brandt, Shirley Ford, Karen Worrell; Alternate, Kenneth Vance
ALSO PRESENT
Randy Sapelak, Zoning Administrator
ABSENT
Boardmembers Timothy Juidici, Marco Palazzolo; Alternate Mark Jaffray
APPROVAL OF MINUTES
Regular Meeting January 4, 2007 ZB-07-03 Brandt moved, Worrell seconded, to approve the minutes from the January 4, 2007, meeting as presented. Motion CARRIED
NEW BUSINESS
VA-07-01, National Illumination for 16-10-451-003, 105 S. Milford Road, Speedway, Req. Var. From Art. XII, Sec. 94-350 (f) (5), Copy Changeable Sign
Chairman Hawley verified that the notices were sent and that there was no response from the Public.
Mr. Sapelak read from his letter dated 5/16/07 (on file at Village office).
Neil Jeakle with National Illumination, 6525 Angola, Holland, Ohio, 43528, was present to answer any questions from the Board. Mr. Jeakle explained that the LED display type of sign that is proposed is becoming more popular for many reasons. He said they are easier for driver visibility, safer for employee usage, the numbers are more legible and the over all sign is more aesthetically pleasing. He further explained that the sign is only capable of displaying numbers and is not capable of any form of movement such as flashing or scrolling. Mr. Jeakle said that the sign proposed is a standard size used by Speedway and that the new sign would be an improvement from what is there now.
Boardmember Brandt asked Mr. Sapelak what the history of the Clark gas station is and how they were able to have their sign without a variance.
Mr. Sapelak said the Clark station submitted a sign permit application for a new sign that did not indicate it would have an LED display. He said once the sign was installed Planning Commission moved forward by creating an amendment to the Changeable Copy Sign ordinance to allow signs that have an LED display.
Chairman Hawley asked if anyone present from the Public would like to comment on the request.
There was no response.
DISCUSSION
The Boardmembers, Mr. Sapelak and Mr. Jeakle discussed that the proposed amendment to the Changeable Copy Sign ordinance included a 20% limit to the changeable electronic portion of copy, but that the amendment has not yet been introduced by Council. They further discussed the following: The overall height and size of the sign would be less than what currently exists. The approximate size of the letters on the current sign are 15”-18”, the new proposed size of the letters will be approximately 14”. Using a template a size smaller than what is standard for Speedway, would be substantially smaller and unusable.
Boardmember Borg stated he was not in favor of granting the variance if the total sign area and copy that can be electronically changed exceeded 20% as recommended by Planning Commission. He questioned how Mr. Sapelak had measured the sign and suggested that if the letters were measured individually, they may not exceed 20%.
Mr. Sapelak explained that he measured the entire block of the sign and agreed that if the letters were measured individually, the total sign area would most likely be at 20% and not at 22% as advertised for the hearing.
Boardmember Worrell asked if the applicant was proposing any landscaping.
Chuck Sells, 9366 Englishmen Drive, Fenton, Project Manager for Speedway, said the landscaping could be enhanced and asked if there was an ordinance requirement that he needed to meet.
The Boardmembers said that there wasn’t an ordinance requirement, but would like to see some type of landscaping at the base of the sign.
Boardmember Borg asked that the applicant provide specifications of the sign, including exact measurements to Mr. Sapelak.
The following facts were found to be true:
1. The applicant is reducing the base of the sign to comply with height requirements, thus reducing the height of the sign by approximately 8 sq. ft.
2. The proposed sign will be safer for employees to use.
3. The proposed sign will be more visibly clear and therefore safer for vehicular traffic. 4. The proposed sign will only be used for the purpose of pricing.
5. Granting the variance will not have an adverse affect on the health, safety or welfare of the community.
ZB-07-04 Worrell moved, Borg seconded, to grant a non-use variance from ordinance 231, Sec. 94-350 (f) (5), for the LED portion of the sign with the changeable copy, approximately 12.5 sq. ft. or 22 % of the 55 sq. ft. of the total sign area, based upon previous facts found to be true and the following conditions:
1. The proposed sign is not capable of flashing, rolling or scrolling and will never become a flashing, rolling or scrolling sign.
2. The landscape around the base of the sign will be enhanced.
ROLL CALL VOTE
YES – Brandt, Borg, Vance, Hawley, Ford, Worrell
ABSENT – Juidici, Palazzolo Motion CARRIED
The applicant has one year to act on the variance.
VA-07-02, Camden, 16-11-203-012, 1121 E. Commerce, Req. 10’ Front Yard Var. From Art. XI, Sec. 94-301, Schedule of Regulations
Chairman Hawley verified that the notices were sent and that there was no response from the Public.
Mr. Sapelak read from his letter dated 5/17/07 (on file at Village office).
Christopher Camden, 1121 E. Commerce was present to answer any questions from the Boardmembers. He said he is hoping to be able to cover his porch which will not only enhance the appearance of his house but also allow his family to use the porch and be protected from the elements. He explained that he is intending to re-sod the front lawn and put in a sidewalk to the front door.
Chairman Hawley asked if anyone present from the Public would like to comment on the request.
Roger & Sharon Bohn, 1701 Martindale, were present and stated that they had no objections to the variance being granted.
DISCUSSION
The Boardmembers, Mr. Sapelak and Mr. Camden discussed the following: The lot width is only 50’. There is a mixture of different styles of homes in the neighborhood. In the way that the home was constructed there would be no other place for a covered porch.
The following facts were found to be true:
1. The covered porch will protect the residents from the elements while entering or exiting the house.
2. Because the home and lot are small, there is no other place to construct a covered porch.
3. The house was constructed in 1947.
4. Granting the variance will not have an adverse affect on the health, safety or welfare of the community.
5. Granting the variance will not affect the appearance of any of the other homes in the community.
ZB-07-05 Brandt moved, Borg seconded, to grant VA-07-02, 16-11-203-012, 1121 E. Commerce, a 10’ front yard variance from Art. XI, Sec. 94-301, Schedule of Regulations, based upon the facts previously found to be true.
ROLL CALL VOTE
YES – Hawley, Ford, Worrell, Brandt, Borg, Vance ABSENT – Juidici, Palazzolo Motion CARRIED
The applicant has one year to act on the variance.
CALL TO PUBLIC
There was no input from the public.
BOARDMEMBER COMMENTS
The Boardmembers discussed that many of them would not be able to attend the July 5, 2007 meeting and decided to change the date of the meeting.
ZB -07-06 Worrell moved, Borg seconded, to change the July meeting to Wednesday, 7/11/07 at 7:30 p.m. Motion CARRIED
Chairman Borg said that regarding the Changeable Copy Sign ordinance, he would like to see the ordinance reflect current technology and asked Mr. Sapelak why Council didn’t introduce the amendment.
Mr. Sapelak said that he believed there was a misinterpretation of the current language and the amendment by Council.
The Boardmembers discussed providing a letter to Council supporting the language amendment.
Chairman Hawley asked Mr. Sapelak if he had heard about Sherwood Party store on E. Commerce being interested in constructing a gas station.
Mr. Sapelak said he had received a call from the owner who said he may be interested in removing the current store and constructing a gas station.
ADJOURN
The meeting was adjourned at 8:40 p.m.
Nancy Scott, CMC Milford Village Deputy Clerk | 
