Zoning Board of Appeals

ZONING BOARD OF APPEALS October 24, 2013 The meeting was called to order at 7:00 p.m. by Chairman Danny Nollman. Roll called, quorum declared. Rebecca Boyer Present Tim Price Present Don Rockwell Present Toni Togias Present Roger Wigginton Present Steven Zimmerman Excused Dan Nollman, Chairman Present Staff present: Emily Fultz Brian Flynn Guests: see attached list Aldermen present: Alderman White, Alderman Musgrove Chairman Nollman asked for a motion to approve the minutes of September 26, 2013. Roger Wigginton made a motion to approve and seconded by Don Rockwell with all present members voting aye. Motion carried. Emergency procedures were explained. All Zoning Board cases heard on this date will go to City Council for consideration on November 4, 2013. -------------------------------------------------------------------- 51-Oct13 – Palvs, Inc./One Stop Liquor – Requesting a Special Use permit for a liquor license at 4416 West Main St. located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60-6-50) The applicant explained the request. The Board asked several questions including is the applicant buying or renting, what is their opening date, what is the percentage of groceries that they plan on selling versus liquor sales, what are the hours of operation, who will monitor selling liquor to underage customers, where will employees and patrons park, how will they maintain traffic flow in the lot, will they maintain the parking lot, where will delivery trucks deliver the liquor, will there be renovations completed on the building, have they produce a site plan, will they install more parking lot lighting, do they have any experience in operating a liquor store and who are they marketing. The applicant answered the Boards questions noting that only 10% of their operation will be groceries, the other 90% will be liquor, they will be cutting off approximately 6 ft. of the front of the building to acquire more parking and they plan on catering mostly to walk-ins from the bus stops, people who don’t want to go to a grocery store or the nearby apartment complex’s. Ms. Fultz discussed the renovations and said that a site plan will need to be submitted to city staff. Alderman Musgrove, Ward 8, asked for a business plan and noted the nearby grocery stores that already sell liquor. With no further questions from the board or aldermen, and no one in the audience to speak in favor or against the case, Chairman Nollman asked for a motion. Roger Wigginton made motion to DENY the request and seconded by Tim Price with all members present voting aye. The motion carried. 52-Oct13 – Joseph Barhoumi/Green Forest Vapor Shop – Requesting a Sign Installation Permit for Area of Special Control in order to place one (1) flush mounted sign, two (2) window decals and one (1) illuminated Open & Closed sign at 106 E. Main St. located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 53-4-6) The applicant explained the signage request noting that the sign above the door will be 3/12 x 5 ft. which is smaller than initially requested. They received a temporary permit to place the window decals and open/close sign. The Board asked if any of the signs will be illuminated and will there be any signs placed inside the windows to advertise the products. The applicant answered the questions from the Board noting that he didn’t plan on any illuminating signs but will contact city staff if he decides to do so later and will advertise the product by placing displays in the windows. Alderman White, Ward 6, stated that he had no issues with the request. With no further questions from the board or aldermen, and no one in the audience to speak in favor or against the case, Chairman Nollman asked for a motion. Roger Wigginton made motion to APPROVE the request and seconded by Toni Togias with all present members voting aye. Motion carried. ~1~ 53-Oct13 – Joseph Paul – Requesting an Area/bulk Variance in order to utilize the second floor as an apartment unit at 212 West B St. located in a C-2 Heavy Commercial Zoning District. (Applicable portion of zoning code: 60 -6-49) The applicant explained the request stating that he operates his construction business on the first floor and will reside on the second. The Board asked several questions including the square footage of the second floor loft, are there sound barriers, the age of the building and locations of the entrances and exits. The applicant answered the Board’s questions noting the updated windows and electrical system and explained the layout of the building. With no further questions from the board or aldermen, and no one in the audience to speak in favor or against the case, Chairman Nollman asked for a motion. Don Rockwell made motion to APPROVE the request and seconded by Rebecca Boyer with all present members voting aye. Motion carried. 54-Oct13 – Jerril Jones/The Center for Racial Harmony – Requesting a Use Variance in order to utilize 207 N. 2nd St. as a place to hold occasional meetings and administrative office operations located in a B-1 Multi Family Zoning District. (Applicable portion of zoning code: 60-6-24) The applicant explained the request noting that any large meetings will be held at another location, the property will be used occasionally when there is an administrative need to use the office. The applicant also noted that they have erected a sign and apologized to the Board for doing so without the proper permit. Ms. Fultz stated that she will put him in touch with the proper department to discuss the signage. With no further questions from the board or aldermen, and no one in the audience to speak in favor or against the case, Chairman Nollman asked for a motion. Roger Wigginton made motion to APPROVE the request and seconded by Rebecca Boyer with all present members voting aye. Motion carried. Rebecca Boyer made motion to ADJOURN and seconded by Don Rockwell with all members present voting aye. Motion carried. Chairman Nollman adjourned the meeting at 7:33 p.m. Respectfully Submitted, Kari L. Tutza Transcribing Secretary ~2~