Zoning Board of Adjustment

CITY OF LACONIA ZONING BOARD OF ADJUSTMENT NOTICE OF PUBLIC HEARING Monday, September 18, 2017 Conference Room 200A Accepted 10/16/2017 9/18/2017 - Minutes 1. CALL TO ORDER Chair S. Bogert calls meeting to order at 7:00 PM 2. ROLL CALL R. Mora conducts roll call with the following board members present. R. Maheu, S. Perley, S. Bogert, O. Gibbs, and M. Foote 3. RECORDING SECRETARY R. Mora Zoning Technician is recording secretary 4. STAFF IN ATTENDANCE Dean Trefethen, Planning Director 5. ACCEPTANCE OF MINUTES FROM PREVIOUS MEETINGS 5.I. 7:00 PM Zoning Board Of Adjustment Draft Minutes S. Perley makes motion to accept minutes from August 18, 2017 meeting with changes. R. Maheu seconds motion to accept changes to minutes as presented by S. Perley. All voted in favor 5-0 6. EXTENSIONS 7. CONTINUED PUBLIC HEARINGS, CONSIDERATION AND POSSIBLE VOTE Note: The Purpose Of This Agenda Section Is For The Board To Continue The Public Hearing For The Applicant And The Public To Provide Input. The Board May Also Deliberate The Application, Decide And Conduct A Final Vote At This Time. 8. PUBLIC HEARINGS, POSSIBLE CONSIDERATION AND VOTE Note: The Purpose Of This Agenda Section Is For The Board To Have A Presentation From The Applicant And Open A Public Hearing For The Public To Provide Input. The Board May Also Deliberate The Application, Decide And Conduct A Final Vote At This Time. Planning Director Dean Trefethen, reminds the board that the Zoning Board Application tonight is only here for the variance for storage and that the use is grandfathered. 8.I. 7:00 PM ZO2017-0022 - 10 Wilson Court Applicant: Foster Whitworth comes forward as the property owner and describes the history of 10 Wilson Court, and that he had originally purchased the property for light manufacturing. That he has then rented the property out to a couple of towing companies and that he has been used for a towing company for several years now. Then in 2015 he began getting Zoning Violations for the amount of vehicles that have been stored on the property. He then contacted the Planning Director and they have started to clean the property up and he is now looking for the variance for vehicles storage. Agent: Bill Amann, continues to describe the property and that it is located more in a Commercial Zone. The agent also describes that they would like a variance for vehicles storage and to find a middle ground for how many vehicles they are allowed to have on the property, perhaps also putting a time limit for how long vehicles are to stay on the property for example 180 days. The agent describes the similarity between towing and vehicle storage and how they are hand in hand. started to clean the property up and he is now looking for the variance for vehicles storage. Agent: Bill Amann, continues to describe the property and that it is located more in a Commercial Zone. The agent also describes that they would like a variance for vehicles storage and to find a middle ground for how many vehicles they are allowed to have on the property, perhaps also putting a time limit for how long vehicles are to stay on the property for example 180 days. The agent describes the similarity between towing and vehicle storage and how they are hand in hand. S. Perley: Asks if the only use is the towing use? Dean Trefethen: States that this is a commercial business that is being run on the property. S. Perley: Asks who owns the house at the end of Wilson Court? Agent: They are unknown who owns the property now as it has been sold. Though it is now a rental property. R. Maheu: Asks why they need 180 days? Agent: Describes that they need the time to follow all applicable laws and regulations for salvaging vehicles. Chair: S. Bogert: Discusses that there should be a number of days that we can come to an agreement with on how long vehicles can be stored on the property. This will allow the tenant to conform to all the laws and regulations to properly dispose of the cars. However we don't want to impose something so stringent that the City is burdened with policing the property. Board and Applicant Discuss the property appearance and an appropriate time limit for vehicle storage and how many vehicles should be allowed on the property. Chair: S. Bogert: Opens the application to the public at 7:27 PM Derek Bertucci, Tenant: Describes why there is no fence on around the property and time frames for removing vehicles. Describes to the Board that each vehicle needs to be handled on a case by case basis since every situation is different. Board: Discusses that we should they should not have a time limit on how many vehicles are stored on the lot however the number of vehicles should be restricted. R. Maheu asks how restricting how many cars on the lot will be enforced? S. Perley: States spot inspections will need to be performed. Board Discusses: The property and its surroundings, and that the towing company has been around for years and that they contribute to the community. Chair: S. Bogert: Asks if in order to tow for the City if they need to be located within the City? Derek Bertucci: States that they do. Chair: S. Bogert: Closes the application to the public at 7:35 PM Board Discussion Board discusses that they should set a limit as to how many cars should be allowed to stay on the lot for storage and that placing a time limit would not be productive since there is a limit how many cars can be stored. Board agrees that 20 vehicles should be the limit for how many vehicles can be stored on the property. M. Foote makes a motion to accept the application for a variance for vehicle storage for 10 Wilson Court ZO2017-0022 with the following conditions.  for storage and that placing a time limit would not be productive since there is a limit how many cars can be stored. Board agrees that 20 vehicles should be the limit for how many vehicles can be stored on the property. M. Foote makes a motion to accept the application for a variance for vehicle storage for 10 Wilson Court ZO2017-0022 with the following conditions. l The variance will not be contrary to the public interest; AND Granting the variance will enable a long-standing business to continue to operate and the applicant has taken measures to decrease the number of vehicles his tenant has at any one time. l The spirit of the ordinance is observed; AND The spirit of the ordinance will be promoted with the decrease in vehicles stored on the property and given the grandfathered use as a towing company. The applicant understands vehicles storage is not grandfathered but the business is. Storage of vehicles is an essential and closely related component of the existent business. Substantial justice is done; AND l Granting the variance will enable a well-established business to continue operating in compliance with the state and local police and insurance regulations by which it must comply. The applicant and his tenant have been and continue to fashion a plan which will reduce the storage of vehicles both in quantity and deration. It is substantially just to allow the tenant- business to operate in compliance with state law and it would be unjust to punish the applicant by denying his tenant the ability to comply with laws which govern his business. The value of surrounding properties are not diminished; AND l The Granting the variance will not alter the land or have any other adverse effect upon the surrounding properties Literal enforcement of the provisions of the ordinance would result in the unnecessary hardship. By not granting the variance the current business that is well established would be forced to close. It’s not in the City’s best interest to force a closure of a business that has been so actively involved in the community. The Department of Public Works has vehicle storage behind the current property where vehicles and equipment are being stored. Traditional, long-standing use of the property as a towing company combine to create a special circumstance which weighs in favor of granting this variance request. l Conditions of approval include: Vehicle Storage will be limited to 20 vehicles on the lot. O. Gibbs seconds motion. Chair: S. Bogert: Calls for a vote. All voted in favor 5-0 9. OTHER BUSINESS 10. ADJOURNMENT R. Maheu makes a motion to adjourn, M. Foote seconds motion to adjourn. All voted in favor 5-0 Meeting adjourns at 7:46 PM Respectfully submitted by: Robert Mora Zoning Technician