1
00:03:09,066 --> 00:03:13,367
Candidate for Zoning Board of
Appeals for September. Um.

2
00:03:13,367 --> 00:03:16,700
First item on our agenda is the
approval of minutes from

3
00:03:16,700 --> 00:03:20,266
August. Is there a motion to
approve the minutes?

4
00:03:20,266 --> 00:03:25,066
No, no I moved. I have I have a
question. Yes. Um.

5
00:03:25,066 --> 00:03:25,200
Yes.

6
00:03:25,200 --> 00:03:33,100
Carol? Yeah. On the. Second.

7
00:03:33,100 --> 00:03:37,967
Uh, the variance to construct a
nine foot high privacy fence. I

8
00:03:37,967 --> 00:03:40,533
thought we did not approve
that.

9
00:03:40,533 --> 00:03:44,400
We did. We? Julie, you wanted
to go on to Julie. Caught the

10
00:03:44,400 --> 00:03:46,367
error. I am.

11
00:03:46,367 --> 00:03:49,600
It did not. We didn’t. It was
denied.

12
00:03:49,600 --> 00:03:50,200
So.

13
00:03:50,200 --> 00:03:52,834
Yeah, there was a typo. It
said. It said approve. It

14
00:03:52,834 --> 00:03:53,867
should read deny.

15
00:03:53,867 --> 00:03:54,400
We will.

16
00:03:54,400 --> 00:03:56,000
Okay. Make that correction.

17
00:03:56,000 --> 00:03:56,533
Yes.

18
00:03:56,533 --> 00:03:59,767
Only thing I am going to
question. is okay, maybe

19
00:03:59,767 --> 00:04:02,433
numbers one five or different.

20
00:04:02,433 --> 00:04:08,867
Two. Because this all seems
being approved. I mean.

21
00:04:08,867 --> 00:04:11,000
Flip the language in each of
the reasons why.

22
00:04:11,000 --> 00:04:11,533
So.

23
00:04:11,533 --> 00:04:12,633
Yep. Right. We need a motion.

24
00:04:12,633 --> 00:04:14,500
Is there a motion to approve
the minutes with those

25
00:04:14,500 --> 00:04:15,266
corrections?

26
00:04:15,266 --> 00:04:15,800
Yes.

27
00:04:15,800 --> 00:04:16,867
I’ll move that.

28
00:04:16,867 --> 00:04:19,033
Is there a second? Second.

29
00:04:19,033 --> 00:04:21,700
Okay. Any further corrections?

30
00:04:21,700 --> 00:04:24,333
Additions? If not. All in
favor?

31
00:04:24,333 --> 00:04:26,967
Do we have to re approve the
minutes with the corrections?

32
00:04:26,967 --> 00:04:29,133
Nope. She made the motion
correction. Okay.

33
00:04:29,133 --> 00:04:31,800
So what do we have? Harris and
Henshaw?

34
00:04:31,800 --> 00:04:36,033
Yep. Any. All in favor? Aye.

35
00:04:36,033 --> 00:04:38,767
Any opposed? Okay. All right.

36
00:04:38,767 --> 00:04:48,834
First item on our agenda is
application 262 30. 263 a 267

37
00:04:48,834 --> 00:04:53,867
South Main Street. 267 South
Main Associates, LLC, seeking

38
00:04:53,867 --> 00:04:57,033
an area variance variances
necessary to construct a

39
00:04:57,033 --> 00:05:01,166
parking lot within five feet of
the property line in accordance

40
00:05:01,166 --> 00:05:07,633
with chapter 850 Dash 58.6,
there shall be a ten foot

41
00:05:07,633 --> 00:05:12,367
buffer between the parking lot
and the adjacent residential

42
00:05:12,367 --> 00:05:17,166
residential use. Further, the
site provides 45 parking spaces

43
00:05:17,166 --> 00:05:20,900
where the zoning ordinance
requires 145 spaces.

44
00:05:20,900 --> 00:05:22,567
Modifications to project.

45
00:05:22,567 --> 00:05:25,166
Approved on February 8th, 2023.

46
00:05:25,166 --> 00:05:27,266
See the applicant is here.

47
00:05:27,266 --> 00:05:30,500
Yep. Good evening. My name is
James Criticos. I’m with BME

48
00:05:30,500 --> 00:05:33,667
associates. Uh, here with me
this evening is Fred Rinaldi

49
00:05:33,667 --> 00:05:35,333
with 267 South Main Street LLC.

50
00:05:35,333 --> 00:05:39,033
The applicant. Um, as you
mentioned, we’re here for two

51
00:05:39,033 --> 00:05:42,767
variances requests as part of
some site plan approval updates

52
00:05:42,767 --> 00:05:45,500
that we’re doing with the
planning Commission. Um, I

53
00:05:45,500 --> 00:05:48,100
don’t remember how many of you
guys were on the board probably

54
00:05:48,100 --> 00:05:49,200
three years ago or last year.

55
00:05:49,200 --> 00:05:51,834
So I’ll just give you guys a
little quick update. Uh, so the

56
00:05:51,834 --> 00:05:54,633
project we’re in front of you
is 267 South Main Street. This

57
00:05:54,633 --> 00:05:57,700
is where the old gas station
sat on the corner of

58
00:05:57,700 --> 00:06:01,100
Saltonstall and 332. Uh, the
project, when we went through

59
00:06:01,100 --> 00:06:05,667
approvals, uh, three years ago,
also included 11 Saltonstall,

60
00:06:05,667 --> 00:06:07,800
which is the beverage drive
through center that hasn’t been

61
00:06:07,800 --> 00:06:10,700
active at the time. The plan
was to consolidate those two

62
00:06:10,700 --> 00:06:14,734
properties and develop that
with a new, um, commercial

63
00:06:14,734 --> 00:06:18,166
mixed use building there. When
we came in front of you guys at

64
00:06:18,166 --> 00:06:22,200
the time, we had requested two
variances for that project. One

65
00:06:22,200 --> 00:06:25,934
was to allow for a zero foot
front setback on Saltonstall

66
00:06:25,934 --> 00:06:30,333
and 332. Um, obviously the
we’re in the mixed use

67
00:06:30,333 --> 00:06:33,500
district. This starts at
Saltonstall. So we’re trying to

68
00:06:33,500 --> 00:06:36,533
match what would be the
business district north of us,

69
00:06:36,533 --> 00:06:38,967
which is why that variance was
granted. We’re still going to

70
00:06:38,967 --> 00:06:43,533
be utilizing that variance. The
facade and the fronts along

71
00:06:43,533 --> 00:06:47,433
332. And Saltonstall really
haven’t changed at all with the

72
00:06:47,433 --> 00:06:51,100
project updates. Um, so we’ll
still be using that. We also at

73
00:06:51,100 --> 00:06:54,734
the time had requested a
parking variance. Um, the

74
00:06:54,734 --> 00:06:59,000
project you see in front of us
did not include the connection

75
00:06:59,000 --> 00:07:02,266
down to Foster Street to the
south. When we got that parking

76
00:07:02,266 --> 00:07:06,700
variance from you guys three
years ago, we had a 115 parking

77
00:07:06,700 --> 00:07:09,667
spaces required. We only had
25, so we had a relief of about

78
00:07:09,667 --> 00:07:13,467
90 parking spaces from you. Um,
since that time, the applicant

79
00:07:13,467 --> 00:07:16,800
has been successful in
acquiring 19 Saltonstall, which

80
00:07:16,800 --> 00:07:21,967
is the single family residence
that sits along that 47 foot

81
00:07:21,967 --> 00:07:23,600
wide parcel that’s behind us.

82
00:07:23,600 --> 00:07:26,266
That is also in the mixed use
district. We’re not rezoning

83
00:07:26,266 --> 00:07:28,467
that. But as part of the
project, now that we’ve

84
00:07:28,467 --> 00:07:31,100
acquired it, we will be
consolidating it with the other

85
00:07:31,100 --> 00:07:35,033
two parcels into a singular,
uh, parcel for this

86
00:07:35,033 --> 00:07:38,033
development, as well as making
the connection down to Foster

87
00:07:38,033 --> 00:07:41,367
Street and being able to
increase our parking from what

88
00:07:41,367 --> 00:07:43,333
we had a couple of years ago.

89
00:07:43,333 --> 00:07:47,133
So what we’re here for tonight
are two variants requests. Um,

90
00:07:47,133 --> 00:07:50,934
the first is a request to
reduce the buffer to the

91
00:07:50,934 --> 00:07:54,000
residential district. For the
code. There’s a ten foot buffer

92
00:07:54,000 --> 00:07:56,900
requirement that includes
requirements of a fence and

93
00:07:56,900 --> 00:08:00,600
landscaping. We’re requesting
that to be reduced down to five

94
00:08:00,600 --> 00:08:05,266
feet. This allows us to fit a
20 foot drive lane with

95
00:08:05,266 --> 00:08:09,066
perpendicular parking spaces,
while still providing that five

96
00:08:09,066 --> 00:08:11,600
foot buffer area for
landscaping and a fence. This

97
00:08:11,600 --> 00:08:16,066
is consistent with what we had
approved, um, three years ago,

98
00:08:16,066 --> 00:08:18,600
except for the property that we
acquired was in the mixed use

99
00:08:18,600 --> 00:08:21,333
district, so we weren’t trying
to provide that ten foot buffer

100
00:08:21,333 --> 00:08:25,133
to that. So same kind of
configuration. So the code

101
00:08:25,133 --> 00:08:28,734
speaks specifically to um, the
ten foot buffer is required

102
00:08:28,734 --> 00:08:32,467
when the parking lot is
adjacent to a residence or

103
00:08:32,467 --> 00:08:37,000
residential zone district. And
so it wasn’t in play before and

104
00:08:37,000 --> 00:08:37,433
now it is.

105
00:08:37,433 --> 00:08:39,333
19 was mixed use.

106
00:08:39,333 --> 00:08:44,200
Uh, 19 was mixed use in the
next house down is if it’s 21

107
00:08:44,200 --> 00:08:48,467
or 25. But that’s then in a
residential district. Yeah. So

108
00:08:48,467 --> 00:08:50,600
that’s the first request we’re
here for. And then obviously

109
00:08:50,600 --> 00:08:54,333
we’re up here for an update on
the parking variance, some of

110
00:08:54,333 --> 00:08:57,266
the uses. And the tenants
changed a little bit. We have a

111
00:08:57,266 --> 00:09:00,800
couple more restaurant square
footage space in the building

112
00:09:00,800 --> 00:09:05,066
now. So our parking requirement
went up to about 145 per code.

113
00:09:05,066 --> 00:09:09,333
And and now we’re about 47 with
that configuration. So we’re

114
00:09:09,333 --> 00:09:12,166
still asking for about 99
spaces of relief. Again, the

115
00:09:12,166 --> 00:09:16,300
board granted us 90 spaces of
relief. Um, about three years

116
00:09:16,300 --> 00:09:19,467
ago. And our argument for that,
Ricky, if you want to pull up

117
00:09:19,467 --> 00:09:22,734
the other exhibit and we
cleaned this up from last time,

118
00:09:22,734 --> 00:09:26,934
but this is an exhibit that
shows our property in relation

119
00:09:26,934 --> 00:09:31,200
to all of the public parking
and the downtown area. Uh,

120
00:09:31,200 --> 00:09:34,934
basically every parking field
out there is within

121
00:09:34,934 --> 00:09:38,700
approximately a third of a mile
at the most. So, well, within

122
00:09:38,700 --> 00:09:41,433
walkable district, if this was
in the central business

123
00:09:41,433 --> 00:09:43,934
district, we wouldn’t have any
parking requirements. So if we

124
00:09:43,934 --> 00:09:46,200
were just one street up, we
wouldn’t need to do this.

125
00:09:46,200 --> 00:09:49,867
However, parking is important
to the project. Since we’re in

126
00:09:49,867 --> 00:09:52,533
the mixed use district, we are
required to provide it. Since,

127
00:09:52,533 --> 00:09:56,800
uh, hence the request for the
variance. But with the addition

128
00:09:56,800 --> 00:10:00,533
of 19 Saltonstall, we are
excited to be able to expand

129
00:10:00,533 --> 00:10:03,834
the parking at the site, you
know, in close proximity to it.

130
00:10:03,834 --> 00:10:07,567
It will be very beneficial in
support of all these new

131
00:10:07,567 --> 00:10:10,133
businesses and things that are
going to be coming to the

132
00:10:10,133 --> 00:10:13,300
downtown area.

133
00:10:13,300 --> 00:10:15,967
Okay. Anything else you want to
add before.

134
00:10:15,967 --> 00:10:19,400
I know that’s it. I think I
pointed out my notes too. I

135
00:10:19,400 --> 00:10:24,000
think James just said that, um,
properties north of Salt and

136
00:10:24,000 --> 00:10:27,200
South Street are in the C-2,
and there’s no parking

137
00:10:27,200 --> 00:10:30,500
requirement in the C-2. And
this is the first property on

138
00:10:30,500 --> 00:10:34,133
the south side of Saltonstall
where there is a requirement

139
00:10:34,133 --> 00:10:35,166
for On-Site parking.

140
00:10:35,166 --> 00:10:40,600
Okay. At this time, I would
open the public hearing. Is

141
00:10:40,600 --> 00:10:47,467
there anyone here to speak to
this project? Any written

142
00:10:47,467 --> 00:10:47,967
comments?

143
00:10:47,967 --> 00:10:53,333
So you did receive the email
from, uh, Zachary Wilhelm, who

144
00:10:53,333 --> 00:10:57,600
is the adjacent property owner,
and he did speak in in

145
00:10:57,600 --> 00:11:04,834
opposition. He’s at. Yeah, 27,
29, 25, 27 and 29. So he owns

146
00:11:04,834 --> 00:11:08,333
the two Jason properties. Um,
landlord for those properties.

147
00:11:08,333 --> 00:11:12,066
And he would be opposed to
having the, uh, the parking

148
00:11:12,066 --> 00:11:14,133
within five feet of his
property.

149
00:11:14,133 --> 00:11:18,934
Okay. Um, is there anything
about a fence?

150
00:11:18,934 --> 00:11:24,867
Well, I think, um, that’s
certainly a factor. And, um,

151
00:11:24,867 --> 00:11:28,900
the buffer space does, um, you
know, typically include some

152
00:11:28,900 --> 00:11:33,333
plantings. In this case, the
buffer is accomplished. How?

153
00:11:33,333 --> 00:11:35,734
Um, so what we’re proposing is
obviously per code, we are

154
00:11:35,734 --> 00:11:39,367
required to provide a fence. We
were proposing to do just a six

155
00:11:39,367 --> 00:11:43,200
foot high board on board fence
to match the building materials

156
00:11:43,200 --> 00:11:45,367
currently on the site today.

157
00:11:45,367 --> 00:11:48,066
Um, that residence is a couple
feet off the property line.

158
00:11:48,066 --> 00:11:50,333
They have already have a six
foot high board on board fence

159
00:11:50,333 --> 00:11:53,967
that runs, you know, 30 to 40ft
in their backyard, and then it

160
00:11:53,967 --> 00:11:57,166
transitions to a four foot high
chain link fence. Um, so that’s

161
00:11:57,166 --> 00:11:59,400
coming in there. We would, you
know, site, locate all the

162
00:11:59,400 --> 00:12:02,700
trees right along that property
line. Do our best to save all

163
00:12:02,700 --> 00:12:06,333
that vegetation. Uh, install a
six foot high board on board

164
00:12:06,333 --> 00:12:09,600
fence and then augment that on
our side with some additional

165
00:12:09,600 --> 00:12:13,200
plantings and things that get
some vertical, um, screening

166
00:12:13,200 --> 00:12:15,300
over time. Once they fully
mature.

167
00:12:15,300 --> 00:12:15,867
Okay.

168
00:12:15,867 --> 00:12:17,467
All right. Did you close it
here?

169
00:12:17,467 --> 00:12:20,667
Oh, yes. Um, anything else for.

170
00:12:20,667 --> 00:12:23,800
And at this time, I’ll close
the public hearing.

171
00:12:23,800 --> 00:12:27,600
Um, I don’t know if you want to
take them one at a time. Might

172
00:12:27,600 --> 00:12:29,900
be easiest. At least. I don’t
know if you need separate

173
00:12:29,900 --> 00:12:33,734
motions, but if if it comes to
that, after you get all your

174
00:12:33,734 --> 00:12:35,567
issues on the table, and
actually.

175
00:12:35,567 --> 00:12:37,133
We do. the what should we do?

176
00:12:37,133 --> 00:12:39,600
Uh, please do the buffer first
because obviously that will

177
00:12:39,600 --> 00:12:42,233
dictate the parking. If you
guys, for some reason don’t

178
00:12:42,233 --> 00:12:45,300
want to grant us the full
variance, we’d have to ask for

179
00:12:45,300 --> 00:12:47,300
additional relief on the
parking counts.

180
00:12:47,300 --> 00:12:47,934
Okay.

181
00:12:47,934 --> 00:12:50,500
That’s fine.

182
00:12:50,500 --> 00:12:53,834
Um, then we’ll do these one at
a time. Then, uh, we’ll just do

183
00:12:53,834 --> 00:12:57,500
the buffer. We’ll go through
the test on the buffer. That’s

184
00:12:57,500 --> 00:12:58,367
all we’re looking at right now.

185
00:12:58,367 --> 00:13:03,033
Okay. And making its
determination, the Zoning Board

186
00:13:03,033 --> 00:13:05,600
of Appeals shall take into
consideration the benefit to

187
00:13:05,600 --> 00:13:08,734
the applicant. If the variance
is granted as weighed against

188
00:13:08,734 --> 00:13:11,066
the detriment to the health,
safety and welfare of the

189
00:13:11,066 --> 00:13:14,533
neighborhood or community by
such grant. In making such

190
00:13:14,533 --> 00:13:16,934
determination, the board shall
also consider the following

191
00:13:16,934 --> 00:13:20,133
factors. Number one, show that
the granting of the variance

192
00:13:20,133 --> 00:13:22,767
will not produce an undesirable
change in the character of the

193
00:13:22,767 --> 00:13:28,467
neighborhood, or create a
detriment to nearby properties.

194
00:13:28,467 --> 00:13:34,266
What do we think on that?

195
00:13:34,266 --> 00:13:37,567
My initial thought would be
you’re still doing a six foot

196
00:13:37,567 --> 00:13:41,800
fence between you and the
properties behind you, so yes,

197
00:13:41,800 --> 00:13:44,133
it’s not ten feet of space,
it’s five. But you’re still

198
00:13:44,133 --> 00:13:48,800
providing the screening
coverage. So the goal of having

199
00:13:48,800 --> 00:13:54,266
that buffer is still being
accomplished as far as not

200
00:13:54,266 --> 00:13:59,333
having a parking lot like up to
your front door, but.

201
00:13:59,333 --> 00:14:02,133
Yeah, yeah, I had kind of a
question on that. I tried to

202
00:14:02,133 --> 00:14:06,100
take a look at it today and,
and yesterday, and I couldn’t

203
00:14:06,100 --> 00:14:09,000
quite tell obviously, where the
property line is to the

204
00:14:09,000 --> 00:14:11,667
adjacent owner is, is that, um.

205
00:14:11,667 --> 00:14:14,533
If you go on back to the color
rendering, the, the rendered

206
00:14:14,533 --> 00:14:16,734
part basically shows the
property line. The house does

207
00:14:16,734 --> 00:14:20,900
sit pretty close to the right,
so they are pretty close to

208
00:14:20,900 --> 00:14:23,400
that. Their funds kind of ends
there. I wouldn’t be surprised

209
00:14:23,400 --> 00:14:26,667
if that’s a 1 or 2 foot setback.

210
00:14:26,667 --> 00:14:29,333
But they do have a fence on
their side of the property line

211
00:14:29,333 --> 00:14:29,467
as.

212
00:14:29,467 --> 00:14:32,100
Well, extending from the back
of their house through the

213
00:14:32,100 --> 00:14:34,367
backyard. But we would
obviously come in and we would

214
00:14:34,367 --> 00:14:36,500
put a full for the rest of the
fronts the whole way just to

215
00:14:36,500 --> 00:14:39,967
make it consistent. You know?

216
00:14:39,967 --> 00:14:41,667
Okay, good.

217
00:14:41,667 --> 00:14:45,400
Good evening. Frederick Aldi
I’m the property owner and I

218
00:14:45,400 --> 00:14:50,266
just wanted to extend on a
point that James had made

219
00:14:50,266 --> 00:14:55,934
moments ago, the portion of the
neighboring parcels fence that

220
00:14:55,934 --> 00:14:59,734
transitions to chain link. I’d
be willing at my expense to

221
00:14:59,734 --> 00:15:03,000
convert that at their wish to a
board and board to provide

222
00:15:03,000 --> 00:15:06,467
double, you know, to be
redundant. Buffer. And I would

223
00:15:06,467 --> 00:15:10,100
do it at the election of
mirror. The design or mirror.

224
00:15:10,100 --> 00:15:13,667
Our design, the materials that
would be used for the board on

225
00:15:13,667 --> 00:15:18,100
board fence would match in
mirror the the aesthetic of the

226
00:15:18,100 --> 00:15:22,433
main building. We also own 5256
Center Street, and my goal is

227
00:15:22,433 --> 00:15:26,467
to build a design theme that
carries through those parcels.

228
00:15:26,467 --> 00:15:29,133
And so everything would be
contiguous. It would meet the

229
00:15:29,133 --> 00:15:31,800
standards of, of everything
else, a part of the project,

230
00:15:31,800 --> 00:15:36,066
and at my expense, if the
homeowner so choose, I would, I

231
00:15:36,066 --> 00:15:39,967
would, uh, pay to convert the
chain link to a board on board

232
00:15:39,967 --> 00:15:46,166
at whatever material they wish.

233
00:15:46,166 --> 00:15:49,900
And else have anything on
number one.

234
00:15:49,900 --> 00:15:52,233
Yeah, I do, I guess this would
be a question for Mr. Rinaldi

235
00:15:52,233 --> 00:15:59,767
or if you have to go back to
the ten foot where what’s your

236
00:15:59,767 --> 00:16:04,000
contingency plan for the
diagram in the parking of what

237
00:16:04,000 --> 00:16:07,533
you can do, seeing how you
purchase the additional lot.

238
00:16:07,533 --> 00:16:15,100
So the the net impact, uh,
ranges between 7 and 10 parking

239
00:16:15,100 --> 00:16:20,633
spaces. The, uh, my my goal
here and and I’m happy to

240
00:16:20,633 --> 00:16:26,266
expand on it at the board’s
desire is to very specifically

241
00:16:26,266 --> 00:16:30,867
remove the seasonal impact to
the businesses. Not only that

242
00:16:30,867 --> 00:16:33,133
we’re bringing to this
building, but the entire Main

243
00:16:33,133 --> 00:16:35,934
Street district. And I want to
prove that by way of concept, I

244
00:16:35,934 --> 00:16:39,600
do a lot of this style of
specialty retail, and I study

245
00:16:39,600 --> 00:16:42,433
the essential elements that we
use to make success for these

246
00:16:42,433 --> 00:16:48,800
businesses. I am very focused
to become a great neighbor and

247
00:16:48,800 --> 00:16:52,000
partner to the Main Street
businesses. I this is what I do

248
00:16:52,000 --> 00:16:55,133
every day. I know the stress
points. I also operate a

249
00:16:55,133 --> 00:16:58,266
seasonal business within
Canandaigua. Candidate YSL

250
00:16:58,266 --> 00:17:02,266
board at 11 Lakeshore, and my
dream is to eventually be able

251
00:17:02,266 --> 00:17:03,667
to keep that open year round.

252
00:17:03,667 --> 00:17:08,467
And and so this is part of a
larger vision I have. It sounds

253
00:17:08,467 --> 00:17:14,333
funny, but the absent even five
spaces, you know, my my now

254
00:17:14,333 --> 00:17:19,233
role to subsidize becomes quite
significant. And and so it

255
00:17:19,233 --> 00:17:22,867
doesn’t seem like a lot, but I
would hate to not be able to

256
00:17:22,867 --> 00:17:25,567
restore and make beautiful to
56 Center Street to add

257
00:17:25,567 --> 00:17:29,400
beautiful residential offerings
there. Uh, Kurt from Thiel’s

258
00:17:29,400 --> 00:17:32,467
Auto is doing such great work
in there. He’s converting these

259
00:17:32,467 --> 00:17:37,967
radical cars to electric and
fixing all types of of new and

260
00:17:37,967 --> 00:17:42,100
old vehicles. And I want to
support him as well. So surface

261
00:17:42,100 --> 00:17:46,300
surface area. There is, you
know, of great utility. I have

262
00:17:46,300 --> 00:17:49,033
similar buffer situations
across Ontario County and

263
00:17:49,033 --> 00:17:53,300
Monroe County. I have found
great success in the style I

264
00:17:53,300 --> 00:17:55,433
own and manage the property.

265
00:17:55,433 --> 00:17:57,233
You’re stuck with me for life,
and so if there is an

266
00:17:57,233 --> 00:18:00,500
operational deficiency there
that doesn’t match what I

267
00:18:00,500 --> 00:18:03,066
promise here, or any
expectations I’ve set, I’m not

268
00:18:03,066 --> 00:18:06,100
going anywhere. And I will
testify that I will find

269
00:18:06,100 --> 00:18:08,900
resolve if if I haven’t met
that, met that goal.

270
00:18:08,900 --> 00:18:14,266
But to to that point, if, if
you had to pull, pull back the

271
00:18:14,266 --> 00:18:16,834
parking lot from the property
line, would you go to diagonal

272
00:18:16,834 --> 00:18:17,834
or.

273
00:18:17,834 --> 00:18:22,700
So? Um, it would depend if we
have to if the boards, uh,

274
00:18:22,700 --> 00:18:25,400
request us to comply with the
full ten foot, we can’t fit

275
00:18:25,400 --> 00:18:29,633
diagonal parking spaces either
because of it’s only 4746ft

276
00:18:29,633 --> 00:18:33,066
wide. So if we have a 20 foot
drive lane, even with the

277
00:18:33,066 --> 00:18:35,467
diagonal, you’re still 1516ft
of depth.

278
00:18:35,467 --> 00:18:35,967
I think.

279
00:18:35,967 --> 00:18:36,533
Um.

280
00:18:36,533 --> 00:18:39,767
So one of the issues is, I
mean, it’s a big improvement to

281
00:18:39,767 --> 00:18:42,967
have access to, to both
Saltonstall and Foster.

282
00:18:42,967 --> 00:18:45,667
Correct. If you go to diagonal,
then you’re going to lose the

283
00:18:45,667 --> 00:18:46,667
can we go to diagonal?

284
00:18:46,667 --> 00:18:51,166
We lose. I think about, um, 7
to 8 parking spaces. If we go

285
00:18:51,166 --> 00:18:53,633
to comply with the full ten
foot buffer, we could

286
00:18:53,633 --> 00:18:56,934
technically fit in parallel
parking, but we lose about 13

287
00:18:56,934 --> 00:18:57,867
to 14 spaces.

288
00:18:57,867 --> 00:18:58,934
So you’d go parallel?

289
00:18:58,934 --> 00:18:59,467
Yes.

290
00:18:59,467 --> 00:19:03,300
And these are standard nine. By
19, you can’t go any smaller

291
00:19:03,300 --> 00:19:03,800
than.

292
00:19:03,800 --> 00:19:05,433
Uh, for the for the angled one.

293
00:19:05,433 --> 00:19:06,533
It’s approximately nine by 19.

294
00:19:06,533 --> 00:19:08,600
But for the parking that’s
shown on this plan.

295
00:19:08,600 --> 00:19:11,934
That’s correct. That’s all nine
by 19. Yep. So we could we

296
00:19:11,934 --> 00:19:15,567
could go, you know, to an 18
foot depth, which is standard

297
00:19:15,567 --> 00:19:18,700
in a lot of towns. And save a
lot. But we’re still six feet.

298
00:19:18,700 --> 00:19:20,367
Six feet. And it’s a two lane.

299
00:19:20,367 --> 00:19:22,066
It’s a two lane travel lane
right north south.

300
00:19:22,066 --> 00:19:23,533
Correct. Right now we have
20ft.

301
00:19:23,533 --> 00:19:25,133
And that’s pretty important.

302
00:19:25,133 --> 00:19:27,900
Yes. It’s very important for us
to to maintain that. For access

303
00:19:27,900 --> 00:19:32,033
to Saltonstall or to foster
just for the site circulation.

304
00:19:32,033 --> 00:19:32,633
And, and one way.

305
00:19:32,633 --> 00:19:34,200
To get to the site.

306
00:19:34,200 --> 00:19:37,633
Remind me what the buffer was
on the previously approved

307
00:19:37,633 --> 00:19:37,934
plan.

308
00:19:37,934 --> 00:19:39,500
Was still five feet, correct?

309
00:19:39,500 --> 00:19:41,233
Correct. Yeah. We were five
feet from the property line.

310
00:19:41,233 --> 00:19:45,000
Okay. So you’re looking at what
would this. So this is going to

311
00:19:45,000 --> 00:19:47,800
be like oh it’s hard to tell.

312
00:19:47,800 --> 00:19:50,734
But what is the buffer going to
be with your proposed plan.

313
00:19:50,734 --> 00:19:54,300
It’ll be five feet from
basically the curb line to the

314
00:19:54,300 --> 00:19:56,867
property line. So we’ll have a
fence that will be a foot off

315
00:19:56,867 --> 00:19:59,834
that property line, and then
we’ll have four feet of lawn

316
00:19:59,834 --> 00:20:01,400
area to do landscape plantings.

317
00:20:01,400 --> 00:20:03,533
And is there is there a curb
there.

318
00:20:03,533 --> 00:20:05,133
There will be curb along our
home.

319
00:20:05,133 --> 00:20:08,066
So no one’s going to roll into
the grass and take up even the

320
00:20:08,066 --> 00:20:12,233
five foot. No. You’d have a
curb, a solid stop curb, then

321
00:20:12,233 --> 00:20:14,200
the full five and then the
fence.

322
00:20:14,200 --> 00:20:16,834
Yep. And that’s to help also
stop the drainage and stuff

323
00:20:16,834 --> 00:20:18,533
from running off into their
property and collect it.

324
00:20:18,533 --> 00:20:21,700
So well, then I would say for
me that this isn’t too

325
00:20:21,700 --> 00:20:24,100
dissimilar to what this board
previously approved three years

326
00:20:24,100 --> 00:20:29,100
ago. Um, as far as creating a
change to the nearby property

327
00:20:29,100 --> 00:20:31,100
and you’re still going to have
a buffer and there is going to

328
00:20:31,100 --> 00:20:33,400
be a fence put in.

329
00:20:33,400 --> 00:20:37,266
Yeah. And I think just just
struck me now, if we if we

330
00:20:37,266 --> 00:20:39,533
think about our a lot of our
downtown parking lots that are

331
00:20:39,533 --> 00:20:41,900
adjacent to residential
districts, I don’t think any of

332
00:20:41,900 --> 00:20:42,467
those are fenced.

333
00:20:42,467 --> 00:20:44,100
No. So honestly.

334
00:20:44,100 --> 00:20:47,233
I mean, this isn’t fenced over
by council to pass to their

335
00:20:47,233 --> 00:20:48,500
parking lot just runs right
against.

336
00:20:48,500 --> 00:20:50,734
The house. Honestly, as far as
that’s concerned, this actually

337
00:20:50,734 --> 00:20:52,600
might be an improvement over
over that.

338
00:20:52,600 --> 00:20:55,433
Well, there would be at least a
privacy. Fence. Yeah. Yes. That

339
00:20:55,433 --> 00:20:57,900
would keep the car lights and
stuff out.

340
00:20:57,900 --> 00:21:01,467
In uh, in terms of the, the
plantings which you mentioned,

341
00:21:01,467 --> 00:21:04,967
which hasn’t been talked about
yet between my house and my

342
00:21:04,967 --> 00:21:09,233
neighbor’s house, we have some
rather tall arbor vitis, which

343
00:21:09,233 --> 00:21:12,433
pretty much block the view from
one house to the other,

344
00:21:12,433 --> 00:21:17,233
something like that might, you
know, help out the, uh, the

345
00:21:17,233 --> 00:21:19,834
person that lives next door in
terms of not only

346
00:21:19,834 --> 00:21:23,100
visualization, but in terms of
noise. It provides a very nice

347
00:21:23,100 --> 00:21:25,166
damper. My other question is.

348
00:21:25,166 --> 00:21:27,300
How, in addition to the fence.

349
00:21:27,300 --> 00:21:31,100
Yeah, yeah, I think the code
allows if you have a ten feet,

350
00:21:31,100 --> 00:21:34,467
you go with fence or plantings,
but plantings obviously aren’t

351
00:21:34,467 --> 00:21:38,066
as solid as a fence, right. But
in your proposal you would you

352
00:21:38,066 --> 00:21:40,667
would have plantings in the
five foot strip.

353
00:21:40,667 --> 00:21:41,233
Yeah.

354
00:21:41,233 --> 00:21:43,367
In addition to the fence or
instead of.

355
00:21:43,367 --> 00:21:45,467
Yeah, you we’re going to
involve.

356
00:21:45,467 --> 00:21:47,066
The uh, the other.

357
00:21:47,066 --> 00:21:49,200
That’s important to mention
because I didn’t see that.

358
00:21:49,200 --> 00:21:49,867
That’s what I heard.

359
00:21:49,867 --> 00:21:50,934
I didn’t see that in the plan.

360
00:21:50,934 --> 00:21:51,300
Okay.

361
00:21:51,300 --> 00:21:54,100
We still owe the planning
commission our, uh, detailed

362
00:21:54,100 --> 00:21:57,467
site plans, including landscape
and lighting plans. So we’re

363
00:21:57,467 --> 00:21:59,367
going to have a focus on
providing additional

364
00:21:59,367 --> 00:22:02,734
landscaping within proximity to
where that house is, to try and

365
00:22:02,734 --> 00:22:05,266
provide as much buffering
within, you know.

366
00:22:05,266 --> 00:22:07,367
Yeah, that was my other
question. One other question

367
00:22:07,367 --> 00:22:09,033
was, how’s the parking lot lit?

368
00:22:09,033 --> 00:22:12,400
I mean, if the lights are on
the area where in the front of

369
00:22:12,400 --> 00:22:14,467
where the car is parked, are
they going to shine towards the

370
00:22:14,467 --> 00:22:16,467
building so as not to disturb
the neighbors?

371
00:22:16,467 --> 00:22:20,300
No, the parking lots will all
be facing, probably from that

372
00:22:20,300 --> 00:22:24,100
rear line back into the site
with rear yard or rear side

373
00:22:24,100 --> 00:22:26,734
shields, you know, dark sky
compliant lighting and they’ll

374
00:22:26,734 --> 00:22:30,033
obviously be controlled, um,
time controlled after business

375
00:22:30,033 --> 00:22:32,033
hours are closed. You know, we
can turn those down to, you

376
00:22:32,033 --> 00:22:34,633
know, reduce impacts and just
keep what we need on for safety

377
00:22:34,633 --> 00:22:35,133
and security.

378
00:22:35,133 --> 00:22:37,233
I understand. Thank you.

379
00:22:37,233 --> 00:22:39,934
Anything else? Number one. do
you know.

380
00:22:39,934 --> 00:22:42,233
At this point you said there’s
a couple of restaurant uses

381
00:22:42,233 --> 00:22:44,934
coming in? Are they. I know the
ones. The bagel shop based on

382
00:22:44,934 --> 00:22:47,967
the sign is, is the other one
going to be a later night

383
00:22:47,967 --> 00:22:50,066
operation or do we know yet?

384
00:22:50,066 --> 00:22:57,033
So, uh, the only the only full
sit down white tablecloth,

385
00:22:57,033 --> 00:23:03,500
restaurant is it’s fine dining,
okay. And they, they typically

386
00:23:03,500 --> 00:23:07,133
I have, I have a location with
them right now. I couldn’t be

387
00:23:07,133 --> 00:23:09,600
more excited to be bringing
them to Canandaigua. Um, and

388
00:23:09,600 --> 00:23:13,767
their patronage, typically, uh,
tones down around around 10

389
00:23:13,767 --> 00:23:20,266
p.m.. Um, I, I eat out in
Canandaigua often, and I even

390
00:23:20,266 --> 00:23:23,567
though I do wish for a day
where there’s some later night

391
00:23:23,567 --> 00:23:27,266
options and fine dining. Um,
the what we have proposed

392
00:23:27,266 --> 00:23:30,967
would, would, would term out,
uh, roughly between 930 and

393
00:23:30,967 --> 00:23:34,767
10:00. Um, we have word we have
an executive property

394
00:23:34,767 --> 00:23:40,100
management team. Uh, the the
properties managed meticulously.

395
00:23:40,100 --> 00:23:43,934
Uh, and, uh, Councilman
Robert’s point, uh, we use our

396
00:23:43,934 --> 00:23:46,500
herbs quite often, especially
with how we sell and maintain

397
00:23:46,500 --> 00:23:51,300
our our our the safety of our
our our parking fields. And

398
00:23:51,300 --> 00:23:54,567
that would be an awesome
introduction to the landscape

399
00:23:54,567 --> 00:23:58,500
offer. But but we have we have
no borrowers coming in.

400
00:23:58,500 --> 00:24:02,300
Everything’s specialty retail
and, uh, and the tendency of

401
00:24:02,300 --> 00:24:04,333
the mix of the tenants I’m very
excited about, they all have

402
00:24:04,333 --> 00:24:08,400
kind of a, a purpose when put
together as one, one catalog.

403
00:24:08,400 --> 00:24:11,333
Would you, would you turn the
parking lot lights off when

404
00:24:11,333 --> 00:24:13,734
the, when the building is
closed.

405
00:24:13,734 --> 00:24:14,767
Down?

406
00:24:14,767 --> 00:24:18,567
Certainly. Well the, the the
ones any the ones closest to

407
00:24:18,567 --> 00:24:22,834
the residential. Yes. Uh,
safety is is so very important

408
00:24:22,834 --> 00:24:26,500
to us when this this is what
typically happens, especially

409
00:24:26,500 --> 00:24:28,700
in a dense city environment.

410
00:24:28,700 --> 00:24:32,700
Typically the lit safe looking
structure is a place of safety

411
00:24:32,700 --> 00:24:36,166
and solace. Uh, my goal here,
because of all the awesome

412
00:24:36,166 --> 00:24:40,967
community features, is that
when people are, um, moving

413
00:24:40,967 --> 00:24:45,233
rhythm across the lakeshore in
the main street trade areas,

414
00:24:45,233 --> 00:24:48,700
you know, I want to I want to
be that that feature to to the

415
00:24:48,700 --> 00:24:51,100
community. I want them to rely
on us. I’d like there to be

416
00:24:51,100 --> 00:24:53,900
some common, uh, a blue box or
some equivalent. I’d like

417
00:24:53,900 --> 00:24:56,633
people to be able to rely on,
on, on our facility. So I’d

418
00:24:56,633 --> 00:24:59,100
like to keep the perimeter
lighting in the ones closest

419
00:24:59,100 --> 00:25:05,133
to. The other thing is for, uh,
for, uh, employees who might be

420
00:25:05,133 --> 00:25:08,233
working the later shift or
coming in early, it’d be nice

421
00:25:08,233 --> 00:25:11,667
to, to be able to keep them
illuminated and safe, and then

422
00:25:11,667 --> 00:25:14,734
they would move their car when
the business opened. But the

423
00:25:14,734 --> 00:25:16,767
ones closest to the building,
I’d like to be able to keep on,

424
00:25:16,767 --> 00:25:19,433
if at all possible.

425
00:25:19,433 --> 00:25:21,233
Okay. Anything else on that one
before.

426
00:25:21,233 --> 00:25:23,834
I move? Um, just. Yeah, I would
just point out that it was kind

427
00:25:23,834 --> 00:25:25,367
of mentioned this is going to
go back to the planning

428
00:25:25,367 --> 00:25:27,967
Commission for site plan
review. If, you know, you make

429
00:25:27,967 --> 00:25:31,333
the dimensional variances,
okay. And they could they’re

430
00:25:31,333 --> 00:25:33,934
going to probably have to
follow up on the planting plan.

431
00:25:33,934 --> 00:25:36,567
Specifically landscaping plan
was talked about. They always

432
00:25:36,567 --> 00:25:40,233
have a lot of concerns about
dark sky compliance and hours

433
00:25:40,233 --> 00:25:43,433
of operation and things along
those lines. I mean, it’s not

434
00:25:43,433 --> 00:25:46,633
that it’s certainly your issue
as well with regard to the the

435
00:25:46,633 --> 00:25:49,767
adjacent property, but there’s
some overlap there.

436
00:25:49,767 --> 00:25:52,834
Okay. Continuing to look just
at the buffer, I will move on

437
00:25:52,834 --> 00:25:56,266
to number two, show that the
benefit sought by the applicant

438
00:25:56,266 --> 00:25:59,133
cannot be achieved by some
other feasible method that

439
00:25:59,133 --> 00:26:02,166
would not require a variance.

440
00:26:02,166 --> 00:26:03,767
Correct.

441
00:26:03,767 --> 00:26:05,834
What do you mean by that?

442
00:26:05,834 --> 00:26:08,000
I don’t see any other way of
doing it.

443
00:26:08,000 --> 00:26:10,900
He just said they’d have to go
to parallel. It would lose.

444
00:26:10,900 --> 00:26:13,367
Well, they would lose. They
would lose parking spaces,

445
00:26:13,367 --> 00:26:15,600
which would then require a
variance. Right?

446
00:26:15,600 --> 00:26:19,200
So this is it.

447
00:26:19,200 --> 00:26:21,900
I mean, I don’t think there’s
any way for them to provide 145

448
00:26:21,900 --> 00:26:24,533
parking spots by like
reconfiguring the lot.

449
00:26:24,533 --> 00:26:31,100
So no, there’s not I’m plus the
fact that although again, this

450
00:26:31,100 --> 00:26:32,767
is not looking at the parking
because we’ll do that next.

451
00:26:32,767 --> 00:26:37,333
But by by denying one variance
you then increase the other.

452
00:26:37,333 --> 00:26:40,500
I mean they go together really
honestly, no matter how you

453
00:26:40,500 --> 00:26:44,300
look at it. But, um, you’ll get
Foster Street added as a as a

454
00:26:44,300 --> 00:26:46,600
it didn’t have that previously,
so that’ll be another access

455
00:26:46,600 --> 00:26:54,000
point. Um, I mean, you can’t
you lose parking spaces even

456
00:26:54,000 --> 00:26:57,200
though that’s I know they go
together whether you like it or

457
00:26:57,200 --> 00:27:01,033
not. Yeah. Okay. Anything else
on number two? Number three

458
00:27:01,033 --> 00:27:08,900
show that the requested area of
variance is not substantial.

459
00:27:08,900 --> 00:27:09,100
What do.

460
00:27:09,100 --> 00:27:11,200
We think? I think with the
introduction of the fence, I

461
00:27:11,200 --> 00:27:12,166
don’t think it’s substantial.

462
00:27:12,166 --> 00:27:14,900
Personally, I think the
difference between 5 and 10ft

463
00:27:14,900 --> 00:27:19,500
is is is just me. It’s not
much. Um, so.

464
00:27:19,500 --> 00:27:20,600
And and plantings.

465
00:27:20,600 --> 00:27:21,333
And plantings.

466
00:27:21,333 --> 00:27:24,367
Exactly. Yeah. Still have
you’ll have, you’ll have uh,

467
00:27:24,367 --> 00:27:27,500
you’ll have some shielding from
the neighbor.

468
00:27:27,500 --> 00:27:31,300
I think when you consider, as
we mentioned, that other

469
00:27:31,300 --> 00:27:36,100
parking in Kanagawa doesn’t
even necessarily always provide

470
00:27:36,100 --> 00:27:41,967
this, I think that helps it not
feel substantial in that, yeah,

471
00:27:41,967 --> 00:27:46,233
they’re still providing that
buffer, even if it might not be

472
00:27:46,233 --> 00:27:48,300
the full ten feet.

473
00:27:48,300 --> 00:27:53,700
Yep. I think that’s the number
three. Number four show that

474
00:27:53,700 --> 00:27:57,967
the proposed variance will not
have an adverse effect or

475
00:27:57,967 --> 00:28:00,367
impact on the physical or
environmental conditions in the

476
00:28:00,367 --> 00:28:04,367
neighborhood.

477
00:28:04,367 --> 00:28:06,233
This probably be a point to
jump in with regard to the

478
00:28:06,233 --> 00:28:08,700
speakers that the, um, the
Planning Commission has

479
00:28:08,700 --> 00:28:11,500
requested lead agency status to
review the seeker for this

480
00:28:11,500 --> 00:28:14,567
project. And they had a lot of
questions about the drainage

481
00:28:14,567 --> 00:28:18,033
and lighting. And so they’re
going to be doing the

482
00:28:18,033 --> 00:28:18,800
environmental.

483
00:28:18,800 --> 00:28:20,934
Okay. So we will not be doing
that. Yeah. Okay.

484
00:28:20,934 --> 00:28:23,400
I mean you could you can you
probably should go on the

485
00:28:23,400 --> 00:28:26,300
record to see lead agency
status to the Planning

486
00:28:26,300 --> 00:28:26,800
Commission.

487
00:28:26,800 --> 00:28:30,500
We can do that right. Once I
get through the number five.

488
00:28:30,500 --> 00:28:32,867
I’ll break it. This could
technically be a type two

489
00:28:32,867 --> 00:28:35,367
action. It is on.

490
00:28:35,367 --> 00:28:37,500
Yeah. Through the variance.

491
00:28:37,500 --> 00:28:41,333
Single variance. There’s two
variances I. Yeah. You’re not

492
00:28:41,333 --> 00:28:44,967
reviewing. You know the fact
that it’s related to the site

493
00:28:44,967 --> 00:28:47,633
plan. And really the planning
commission’s is the unlisted

494
00:28:47,633 --> 00:28:52,500
action and the the zoning
board’s, you know not. Well it

495
00:28:52,500 --> 00:28:54,734
could be a type of action
either way that the zoning

496
00:28:54,734 --> 00:28:57,300
board is not going to be doing
the the environmental review,

497
00:28:57,300 --> 00:28:57,834
the planning.

498
00:28:57,834 --> 00:29:01,266
Commission for the planning,
they’ve requested. And I don’t

499
00:29:01,266 --> 00:29:01,567
want.

500
00:29:01,567 --> 00:29:04,400
To I mean, to the extent that
it is part of the test, though,

501
00:29:04,400 --> 00:29:05,900
I think you need to talk about
it.

502
00:29:05,900 --> 00:29:11,633
Yes. Um, what do we think on
number four?

503
00:29:11,633 --> 00:29:15,333
He already said they’re going
to be doing appropriate curbs,

504
00:29:15,333 --> 00:29:17,633
and they’re still keeping a
five foot buffer that’ll help

505
00:29:17,633 --> 00:29:21,700
with drainage and any basic
concerns that could be

506
00:29:21,700 --> 00:29:24,300
affecting the physical or
environmental.

507
00:29:24,300 --> 00:29:27,166
Impact of going from 10ft to
5ft. There would be like less

508
00:29:27,166 --> 00:29:30,233
room for drainage, but it’s
curbed. So it really shouldn’t

509
00:29:30,233 --> 00:29:33,433
be an issue, right? Lighting
safety, things like that, that

510
00:29:33,433 --> 00:29:34,967
could fall into seeker.

511
00:29:34,967 --> 00:29:36,066
Yep. Um.

512
00:29:36,066 --> 00:29:38,166
I think you address some of
those under the first part.

513
00:29:38,166 --> 00:29:42,500
Yes. And I don’t I mean, the
building is a little bit bigger

514
00:29:42,500 --> 00:29:45,166
than the previously what this
board previously allowed, but

515
00:29:45,166 --> 00:29:46,200
it’s not.

516
00:29:46,200 --> 00:29:49,567
The building isn’t requiring a
variance though. Yes. So it’s

517
00:29:49,567 --> 00:29:51,800
the environmental impact of
going from 10ft to 5 foot on

518
00:29:51,800 --> 00:29:53,667
the far, far.

519
00:29:53,667 --> 00:29:57,433
No, I don’t see a huge
difference with that at all,

520
00:29:57,433 --> 00:30:00,033
especially not with this board
previously approved.

521
00:30:00,033 --> 00:30:02,767
Well, I think at this point you
do have to take into

522
00:30:02,767 --> 00:30:08,867
consideration, uh, the property
owners, uh, I’m not really sure

523
00:30:08,867 --> 00:30:10,967
what they were talking about
because they don’t have

524
00:30:10,967 --> 00:30:14,066
standing for because they don’t
want them to tear down. 19 if I

525
00:30:14,066 --> 00:30:15,367
read the email correctly. But
that’s.

526
00:30:15,367 --> 00:30:15,667
Really.

527
00:30:15,667 --> 00:30:15,967
Not they’d.

528
00:30:15,967 --> 00:30:17,133
Like to have. That’s not an.

529
00:30:17,133 --> 00:30:18,233
Offer of a full property.

530
00:30:18,233 --> 00:30:18,734
Correct.

531
00:30:18,734 --> 00:30:24,667
But and obviously he did make,
uh, Mr. Wilhelm, uh, didn’t

532
00:30:24,667 --> 00:30:28,900
make mention of there is a
negative he, he has a perceived

533
00:30:28,900 --> 00:30:34,700
negative on the physical. Uh,
condition of his property, of

534
00:30:34,700 --> 00:30:35,867
the impact that’s going to do.

535
00:30:35,867 --> 00:30:38,166
So they should probably at
least. Yeah, that’s at least

536
00:30:38,166 --> 00:30:39,266
where the email should come in.

537
00:30:39,266 --> 00:30:39,633
Yeah.

538
00:30:39,633 --> 00:30:45,133
That’s that’s that is that is a
valid point. Um, doesn’t want

539
00:30:45,133 --> 00:30:47,633
to see that torn down. And he
wants a full buffer. But I

540
00:30:47,633 --> 00:30:51,834
mean, the code requires a ten
foot buffer. And this is going

541
00:30:51,834 --> 00:30:55,667
to be five feet. So I mean, I
don’t.

542
00:30:55,667 --> 00:30:58,300
Know, the applicant made the
point also that it is in a

543
00:30:58,300 --> 00:30:59,266
different zone district.

544
00:30:59,266 --> 00:31:04,100
So it is because, um, this is
uh, what is what is this?

545
00:31:04,100 --> 00:31:08,000
This is the mu I mean, in the
next door properties in R2 or

546
00:31:08,000 --> 00:31:11,734
in R3. Um, yeah. You know, for,
for whatever reason, that the

547
00:31:11,734 --> 00:31:14,967
house, which was a residence
was not in the residential zone

548
00:31:14,967 --> 00:31:15,533
district.

549
00:31:15,533 --> 00:31:17,567
Yeah, it’s right on the border
of a mu. And.

550
00:31:17,567 --> 00:31:21,000
Uh, so the property that has
concerns is, is, you know, the

551
00:31:21,000 --> 00:31:23,033
first property in the
residential zoning district,

552
00:31:23,033 --> 00:31:24,367
which is always going to be a
transition.

553
00:31:24,367 --> 00:31:26,300
You’re always on a border,
right? I mean, we’ve dealt with

554
00:31:26,300 --> 00:31:31,000
this before with, uh, short
stress creep, you know, what’s

555
00:31:31,000 --> 00:31:33,100
what’s what’s the term creep,
right. You know, it’s where

556
00:31:33,100 --> 00:31:35,734
does that start? Where does
that end? Right. Although I

557
00:31:35,734 --> 00:31:42,734
will also mention that one
street over, um, there’s a big

558
00:31:42,734 --> 00:31:46,500
parking lot right next to, um,
you know, you have the dental

559
00:31:46,500 --> 00:31:48,667
office there, and you have the
fire department right there.

560
00:31:48,667 --> 00:31:49,000
And.

561
00:31:49,000 --> 00:31:51,633
Then you go down Phelps Street,
there’s the Big Ravine parking

562
00:31:51,633 --> 00:31:51,767
lot.

563
00:31:51,767 --> 00:31:55,467
Yeah, you’ve got that too. So
it’s not really necessarily out

564
00:31:55,467 --> 00:31:59,166
of character. I probably would
look more towards number one,

565
00:31:59,166 --> 00:32:03,467
but you know, I don’t think
it’s significantly different

566
00:32:03,467 --> 00:32:03,600
now.

567
00:32:03,600 --> 00:32:06,633
And I think when you live that
close to Main Street, you’re

568
00:32:06,633 --> 00:32:09,333
that’s part of the being that
close to Main Street is you’re

569
00:32:09,333 --> 00:32:09,567
going to.

570
00:32:09,567 --> 00:32:10,100
Yeah. You’re right.

571
00:32:10,100 --> 00:32:12,967
I’m integrated with commercial
basically.

572
00:32:12,967 --> 00:32:16,300
And it almost looked like with
the diner that’s there right

573
00:32:16,300 --> 00:32:19,967
now, it’s not. Yeah. It’s not
really changing the makeup.

574
00:32:19,967 --> 00:32:22,600
It’s really not changing the
current makeup of the corner.

575
00:32:22,600 --> 00:32:24,166
No, no.

576
00:32:24,166 --> 00:32:27,367
And judging by what the corners
are in rough shape. So this.

577
00:32:27,367 --> 00:32:29,033
Is it used to be a gas station.

578
00:32:29,033 --> 00:32:31,767
And there’s the old Pizza Hut
right there. And it’s now a

579
00:32:31,767 --> 00:32:34,633
diner. And it’s it’s not really
significantly different what it

580
00:32:34,633 --> 00:32:35,967
was historically. Right. Yeah.

581
00:32:35,967 --> 00:32:40,900
I would think commercial
property, um, I think it’s

582
00:32:40,900 --> 00:32:43,433
number five shows that the
alleged hardship is not

583
00:32:43,433 --> 00:32:48,700
self-created.

584
00:32:48,700 --> 00:32:51,133
They didn’t make the parking
requirement or the buffer

585
00:32:51,133 --> 00:32:54,600
requirement in the code. I
guess.

586
00:32:54,600 --> 00:32:58,433
I mean, what you’re seeing is,
you know, a balancing, you

587
00:32:58,433 --> 00:33:00,767
know, they could have avoided
this variance but had to make

588
00:33:00,767 --> 00:33:01,700
the other one more significant.

589
00:33:01,700 --> 00:33:06,433
So they’re basically balancing
the the impact of or

590
00:33:06,433 --> 00:33:08,500
significance of the two
variances.

591
00:33:08,500 --> 00:33:11,767
If the you had to comply with
the buffer of the parking lot

592
00:33:11,767 --> 00:33:12,300
weapons smaller.

593
00:33:12,300 --> 00:33:12,767
Yeah.

594
00:33:12,767 --> 00:33:15,567
Yeah, it is self-created, but
it’s also being self corrected

595
00:33:15,567 --> 00:33:17,066
by the moves that are making.

596
00:33:17,066 --> 00:33:21,867
So yeah, correct. Okay.

597
00:33:21,867 --> 00:33:24,000
Should we do a motion on that
one and then.

598
00:33:24,000 --> 00:33:25,166
Go for discussion here.

599
00:33:25,166 --> 00:33:28,500
Okay. Is there any discussion
on on this one. Nope. On the

600
00:33:28,500 --> 00:33:36,300
buffer only. Not I would invite
a motion on the buffer.

601
00:33:36,300 --> 00:33:38,400
All right I will make a motion.

602
00:33:38,400 --> 00:33:42,633
Oh wait. Should we see the
status for acre.

603
00:33:42,633 --> 00:33:44,233
They want you to make that
note.

604
00:33:44,233 --> 00:33:45,400
Yeah. Make that in your motion.

605
00:33:45,400 --> 00:33:45,867
Okay.

606
00:33:45,867 --> 00:33:50,700
Uh, so I’ll make a motion with
respect to application 26 to

607
00:33:50,700 --> 00:33:56,567
63, a, uh, 267 South Main
Street. Um, this is just with

608
00:33:56,567 --> 00:34:00,433
respect to the buffer, uh,
variance being requested. Um, I

609
00:34:00,433 --> 00:34:08,367
would make a motion to approve
that, um, based on items one

610
00:34:08,367 --> 00:34:12,100
through three, we will cede
item four to the Planning

611
00:34:12,100 --> 00:34:16,867
Commission, and, um, and then
item five, um, as well.

612
00:34:16,867 --> 00:34:19,000
Second.

613
00:34:19,000 --> 00:34:21,700
Okay. Any further discussion?

614
00:34:21,700 --> 00:34:23,500
Not. Mr. Brown, would you call
the roll, please?

615
00:34:23,500 --> 00:34:25,967
Mr. Fallow? Yes, Mr. Roberts?

616
00:34:25,967 --> 00:34:30,767
Yes, Miss Harris? Yes, Miss
Tomsic? Yes, Mr. Burger? Yes,

617
00:34:30,767 --> 00:34:31,800
chairman. Willmar.

618
00:34:31,800 --> 00:34:32,333
Carol.

619
00:34:32,333 --> 00:34:35,033
Oh, Carol’s on.

620
00:34:35,033 --> 00:34:36,633
Yes.

621
00:34:36,633 --> 00:34:39,300
Yes,
She is. Thank you. Ryan. Uh,

622
00:34:39,300 --> 00:34:40,867
motion carries all voting. Yes.

623
00:34:40,867 --> 00:34:43,533
Sorry. Carol. You were there.

624
00:34:43,533 --> 00:34:45,667
It’s always a problem. Assume.

625
00:34:45,667 --> 00:34:49,967
Yeah, I know, um, okay, now
let’s go to number. The second

626
00:34:49,967 --> 00:34:51,633
variance will be for the
parking lot.

627
00:34:51,633 --> 00:34:53,133
The total count?

628
00:34:53,133 --> 00:34:56,367
Yes. Total count for the
parking lot. Uh, we previously

629
00:34:56,367 --> 00:34:58,700
had approved. Um, what was it?

630
00:34:58,700 --> 00:35:03,333
90 difference. And this will be
100. Yeah. Trying to.

631
00:35:03,333 --> 00:35:04,400
So the.

632
00:35:04,400 --> 00:35:05,166
My memory is right.

633
00:35:05,166 --> 00:35:07,600
On that. Yeah. I had before.

634
00:35:07,600 --> 00:35:09,233
Yeah. That’s here..

635
00:35:09,233 --> 00:35:13,533
Right. Difference between, uh,
115 and 25. And now the

636
00:35:13,533 --> 00:35:17,166
difference is between 145 and
45.

637
00:35:17,166 --> 00:35:18,233
Okay.

638
00:35:18,233 --> 00:35:20,367
Um, did you say 46?

639
00:35:20,367 --> 00:35:22,000
Yes. And what we’re playing
now.

640
00:35:22,000 --> 00:35:26,333
Okay. Uh, I’ll just read the
whole thing just for fun again.

641
00:35:26,333 --> 00:35:28,433
And making this determination
in the Zoning Board of Appeals

642
00:35:28,433 --> 00:35:31,633
shall take into consideration
the benefit to the applicant.

643
00:35:31,633 --> 00:35:34,300
If the variance is granted, is
weighed against the detriment

644
00:35:34,300 --> 00:35:36,533
to the health, safety and
welfare of the neighborhood or

645
00:35:36,533 --> 00:35:39,633
community. By the grant. In
making such determination, the

646
00:35:39,633 --> 00:35:42,867
board shall also consider the
following factors. Number one.

647
00:35:42,867 --> 00:35:44,967
Show that the granting of the
variance will not produce

648
00:35:44,967 --> 00:35:47,633
undesirable change in the
character of the neighborhood,

649
00:35:47,633 --> 00:35:53,600
or create a detriment to nearby
properties. So what do we think

650
00:35:53,600 --> 00:35:59,333
about the count of the parking
lot in relation to number one?

651
00:35:59,333 --> 00:36:03,133
It feels pretty fair to me
based on the neighborhood.

652
00:36:03,133 --> 00:36:08,133
When you think of I like the
character. Um, think of the

653
00:36:08,133 --> 00:36:10,600
character of 145 car parking
lot on this property.

654
00:36:10,600 --> 00:36:12,700
That would. Right? It would be
horrible.

655
00:36:12,700 --> 00:36:15,934
To me. It would be a massive
impact.

656
00:36:15,934 --> 00:36:19,367
And then the other part of the
impact would be, you know, kind

657
00:36:19,367 --> 00:36:23,433
of the always in my mind with
the variance, what’s the harm?

658
00:36:23,433 --> 00:36:26,266
Um, a lot of communities are
getting away from parking

659
00:36:26,266 --> 00:36:28,934
requirements to try to
encourage, you know, higher

660
00:36:28,934 --> 00:36:31,467
density, walkable communities.

661
00:36:31,467 --> 00:36:35,867
Um, but historically, you know,
codes have required on street

662
00:36:35,867 --> 00:36:40,500
parking. And so what what’s the
harm of having it under parked

663
00:36:40,500 --> 00:36:43,700
those people that are going to
see parking elsewhere, are they

664
00:36:43,700 --> 00:36:46,467
going to be, you know,
illegally parking the

665
00:36:46,467 --> 00:36:48,767
neighbor’s property? Or is
there other impacts other than

666
00:36:48,767 --> 00:36:51,166
the fact that they’re just
going to have to walk farther

667
00:36:51,166 --> 00:36:54,667
from their municipal parking
lot, which is more of a

668
00:36:54,667 --> 00:36:56,233
business model issue, I think,
than.

669
00:36:56,233 --> 00:36:59,700
Uh, how many times have we said
during the comprehensive plan

670
00:36:59,700 --> 00:37:03,600
changes, you know, we want a
vibrant downtown. And, you

671
00:37:03,600 --> 00:37:06,834
know, this is kind of part of
it, right? You know, it’s there

672
00:37:06,834 --> 00:37:09,033
will never be enough parking or
anything, right? You know, you

673
00:37:09,033 --> 00:37:11,100
can’t necessarily have private
I mean, that’s why you have

674
00:37:11,100 --> 00:37:13,066
municipal lots. I mean, I think
they outlined.

675
00:37:13,066 --> 00:37:16,533
Well, that’s that’s why we did
that. Downtown is the creation

676
00:37:16,533 --> 00:37:19,600
of municipal lots so that all
the businesses didn’t have to

677
00:37:19,600 --> 00:37:22,700
provide their own parking. This
is not within that district.

678
00:37:22,700 --> 00:37:25,367
But again, it’s adjacent to
that district. So to your point

679
00:37:25,367 --> 00:37:29,233
about like the creep, if this
was proposed, you know, a half

680
00:37:29,233 --> 00:37:31,967
a mile away, it would be
different than adjacent to the

681
00:37:31,967 --> 00:37:35,433
district. So what is the kind
of close enough to downtown to

682
00:37:35,433 --> 00:37:35,567
be?

683
00:37:35,567 --> 00:37:36,000
Right?

684
00:37:36,000 --> 00:37:39,233
There is also public parking
relatively close to. So the,

685
00:37:39,233 --> 00:37:45,100
uh, if you go on, uh, the west
side of Main Street, there is a

686
00:37:45,100 --> 00:37:48,800
underused city parking lot that
would be walkable from.

687
00:37:48,800 --> 00:37:51,600
The ancestry lot would be the
closest lot, and that is the

688
00:37:51,600 --> 00:37:55,400
least used spot. And, um, I
think for quantum has started

689
00:37:55,400 --> 00:37:58,433
using that more. And anyone
that, you know, if there’s any

690
00:37:58,433 --> 00:38:01,166
partnership between you and for
quantum, which I think you

691
00:38:01,166 --> 00:38:02,767
spoke about at the Planning
Commission meeting, that’s

692
00:38:02,767 --> 00:38:04,467
going to kind of help that
connection.

693
00:38:04,467 --> 00:38:05,934
How many residential are going.

694
00:38:05,934 --> 00:38:08,066
In to that location.

695
00:38:08,066 --> 00:38:13,000
Into 267? That there is no
residential proposed. The

696
00:38:13,000 --> 00:38:16,100
second floor is class A office
designed specifically to lowest

697
00:38:16,100 --> 00:38:19,967
to lower density. I do have
plans to take the exact same

698
00:38:19,967 --> 00:38:26,767
architecture, which is a a uh,
shingle nautical inspired

699
00:38:26,767 --> 00:38:31,133
design. I’d like to carry that
to 256 Center Street, where by

700
00:38:31,133 --> 00:38:35,834
which we’ll either create a
resurrected with the two units

701
00:38:35,834 --> 00:38:39,667
or just one single family. So
we’re not I’m not looking to

702
00:38:39,667 --> 00:38:42,300
add any residential. I’m
looking to improve the

703
00:38:42,300 --> 00:38:42,734
residential.

704
00:38:42,734 --> 00:38:45,567
So everything would be a
relatively business from 6 a.m.

705
00:38:45,567 --> 00:38:46,967
to 10 p.m.. Absolutely.

706
00:38:46,967 --> 00:38:49,900
What the other thing is that
this this is the straight

707
00:38:49,900 --> 00:38:54,100
parking count. Um, they didn’t
do a lot of I don’t think they

708
00:38:54,100 --> 00:38:56,100
did any calculations with
regard to shared parking and

709
00:38:56,100 --> 00:38:58,834
whether or not shared parking
makes sense, because I assume

710
00:38:58,834 --> 00:39:01,500
the offices are going to be
closing out at five, about the

711
00:39:01,500 --> 00:39:04,834
time the restaurants would get
busy. So in some sense, some

712
00:39:04,834 --> 00:39:07,400
sense that 145 is double
counting some spots.

713
00:39:07,400 --> 00:39:08,467
Yes, exactly. So.

714
00:39:08,467 --> 00:39:12,400
So have you done kind of a
calculation of, you know, how

715
00:39:12,400 --> 00:39:14,300
many of those are office and
how many of those are

716
00:39:14,300 --> 00:39:16,900
restaurant. If you were going
to do just the restaurant,

717
00:39:16,900 --> 00:39:21,166
would that count drop to.

718
00:39:21,166 --> 00:39:22,800
That is actually a very valid
point.

719
00:39:22,800 --> 00:39:26,033
Uh, we have so 87 of the
parking spaces are for the

720
00:39:26,033 --> 00:39:29,233
restaurant users, and then 58
are for the office space. And

721
00:39:29,233 --> 00:39:31,834
then as we kind of talked about
with the Planning Commission,

722
00:39:31,834 --> 00:39:34,233
the tenants and the users he’s
bringing in are really

723
00:39:34,233 --> 00:39:36,867
complimentary to each other
because they have, you know,

724
00:39:36,867 --> 00:39:40,433
the bagel shop, the fine dining
shop, and then there’s a sub

725
00:39:40,433 --> 00:39:43,100
shop, too. So you kind of hit
breakfast, lunch and dinner

726
00:39:43,100 --> 00:39:46,300
when the peaks of those three
businesses going, um, obviously

727
00:39:46,300 --> 00:39:49,266
there’s a couple of retail
space left over, um, with the

728
00:39:49,266 --> 00:39:52,166
office spaces being primarily
used during the day Monday

729
00:39:52,166 --> 00:39:54,433
through Friday. So these uses
really do complement each

730
00:39:54,433 --> 00:39:56,533
other. You know, when the
restaurants get busier at

731
00:39:56,533 --> 00:39:58,533
night, the office people
generally won’t be there.

732
00:39:58,533 --> 00:40:01,533
And we would anyone that’s been
downtown knows that there’s not

733
00:40:01,533 --> 00:40:03,333
a lot of other stuff open in
the evenings.

734
00:40:03,333 --> 00:40:06,133
No. And I was going to say,
honestly, in my brain, it’s

735
00:40:06,133 --> 00:40:08,734
helpful to the other businesses
that are open because if you

736
00:40:08,734 --> 00:40:12,533
have to park a block away, stop
and get a drink or an

737
00:40:12,533 --> 00:40:15,100
appetizer. or something
somewhere else on your way to

738
00:40:15,100 --> 00:40:16,700
whatever, like that’s helpful.

739
00:40:16,700 --> 00:40:19,967
Yeah. If you force people to
stroll around a little bit, I

740
00:40:19,967 --> 00:40:21,433
don’t see that as being a
negative.

741
00:40:21,433 --> 00:40:23,100
So really it’s not under 45.

742
00:40:23,100 --> 00:40:26,500
It’s nowhere near that really,
because there’s the over

743
00:40:26,500 --> 00:40:29,433
there’s there’s there’s not
really a lot of overlap between

744
00:40:29,433 --> 00:40:31,600
an office and a restaurant or
when they get I mean.

745
00:40:31,600 --> 00:40:32,333
If they’re.

746
00:40:32,333 --> 00:40:32,867
But they’re.

747
00:40:32,867 --> 00:40:35,367
Busy lunch and yeah, lunch and
breakfast would overlap.

748
00:40:35,367 --> 00:40:36,900
Evening probably would not.

749
00:40:36,900 --> 00:40:39,066
It’s I mean, it’s it’s not an
exact science.

750
00:40:39,066 --> 00:40:41,967
No it’s not, but at least for
dinner when they would probably

751
00:40:41,967 --> 00:40:43,333
be busiest Friday, Saturday.

752
00:40:43,333 --> 00:40:46,567
, maybe something to be
considered under significance

753
00:40:46,567 --> 00:40:50,800
is, you know, it might not be
the full no. Hundred variance.

754
00:40:50,800 --> 00:40:51,834
Oh, I don’t think it would be.

755
00:40:51,834 --> 00:40:52,400
Yeah.

756
00:40:52,400 --> 00:40:54,200
Although that’s more
appropriate for number three.

757
00:40:54,200 --> 00:40:58,967
But, um, anything else on
number one? Number two show

758
00:40:58,967 --> 00:41:01,567
that the benefit sought by the
applicant cannot be achieved by

759
00:41:01,567 --> 00:41:09,567
some other feasible method that
would not require a variance.

760
00:41:09,567 --> 00:41:11,967
Not in the present space time
continuum. I don’t see it,

761
00:41:11,967 --> 00:41:12,800
that’s for sure.

762
00:41:12,800 --> 00:41:13,834
Moving on.

763
00:41:13,834 --> 00:41:16,533
Right. It would just it would
become it would become a much

764
00:41:16,533 --> 00:41:20,633
smaller building, which is not
arguably the same benefit.

765
00:41:20,633 --> 00:41:22,967
We’ve talked about this before,
but in a perfect world, they

766
00:41:22,967 --> 00:41:25,266
would have the Pizza Hut. But,
you know, life didn’t always

767
00:41:25,266 --> 00:41:28,934
work out right. Yeah, I’ve
talked about that many times

768
00:41:28,934 --> 00:41:36,734
before. Um, no, I yeah, I don’t
think it would be a in a

769
00:41:36,734 --> 00:41:38,200
perfect world.

770
00:41:38,200 --> 00:41:39,800
Parking structure.

771
00:41:39,800 --> 00:41:40,367
Not feasible.

772
00:41:40,367 --> 00:41:42,066
In a perfect world, you would
have everything, but.

773
00:41:42,066 --> 00:41:43,834
Probably need some variances
for that too.

774
00:41:43,834 --> 00:41:44,633
Yeah, yeah.

775
00:41:44,633 --> 00:41:49,066
Yes. Um, anything else on
number two? Number three show

776
00:41:49,066 --> 00:41:53,200
that the requested area
variance is not substantial. So

777
00:41:53,200 --> 00:41:54,333
that kind of goes with that.

778
00:41:54,333 --> 00:41:55,300
Right.

779
00:41:55,300 --> 00:41:58,533
As far as the hours of the
businesses that will be there.

780
00:41:58,533 --> 00:41:59,800
Um, there is some overlap.

781
00:41:59,800 --> 00:42:01,233
Probably not a lot.

782
00:42:01,233 --> 00:42:02,834
But 100 is a big number.

783
00:42:02,834 --> 00:42:06,734
It is mathematically, although
mathematically it’s not. It’s

784
00:42:06,734 --> 00:42:09,200
only what, about 10% bigger.

785
00:42:09,200 --> 00:42:10,467
Than the previous variance.

786
00:42:10,467 --> 00:42:12,433
, previously approved variance
by this board.

787
00:42:12,433 --> 00:42:14,834
So that’s that’s an entire
discussion I think we had

788
00:42:14,834 --> 00:42:18,967
previously just to get that on
the record. Um, if you look at

789
00:42:18,967 --> 00:42:22,600
it as 100, that that’s a big
number. The previous variances

790
00:42:22,600 --> 00:42:26,300
was offered for 90, which is
now the permitted number.

791
00:42:26,300 --> 00:42:26,934
Yeah.

792
00:42:26,934 --> 00:42:29,700
Right. So you’re, you could you
could argue this, that it’s

793
00:42:29,700 --> 00:42:32,700
only like a 10% increase of the
current variance.

794
00:42:32,700 --> 00:42:35,533
Correct. Mathematically it’s
like 10% bigger from what this

795
00:42:35,533 --> 00:42:35,700
board.

796
00:42:35,700 --> 00:42:38,166
And then then again it’s you
know, at what point does the

797
00:42:38,166 --> 00:42:39,734
straw break the camel’s back
then.

798
00:42:39,734 --> 00:42:42,567
But this is true, right. It’s
all it’s all it’s all a

799
00:42:42,567 --> 00:42:45,633
balancing act as we are doing
in this test. So we have to

800
00:42:45,633 --> 00:42:51,533
balance well outweighs the
other. Yeah. Um, anything else

801
00:42:51,533 --> 00:42:58,333
for substantial no number for
show that the proposed variance

802
00:42:58,333 --> 00:43:02,233
will not have an adverse effect
or impact on the physical or

803
00:43:02,233 --> 00:43:06,400
environmental conditions in the
neighborhood. Although we

804
00:43:06,400 --> 00:43:08,567
talked about that. We’re
seeding that to the Planning

805
00:43:08,567 --> 00:43:11,166
Commission. So maybe we should.

806
00:43:11,166 --> 00:43:14,900
And again, the impact of
providing less parking.

807
00:43:14,900 --> 00:43:16,000
Gets better and not.

808
00:43:16,000 --> 00:43:17,033
Worse on the environment.

809
00:43:17,033 --> 00:43:17,567
Yeah.

810
00:43:17,567 --> 00:43:21,300
So traffic may be., but.

811
00:43:21,300 --> 00:43:23,967
Um, is this going to be.

812
00:43:23,967 --> 00:43:24,500
Well.

813
00:43:24,500 --> 00:43:26,600
It’s not going to be a lot
bigger than what we previously.

814
00:43:26,600 --> 00:43:29,367
Allowed, because I was thinking
more on the like runoff and

815
00:43:29,367 --> 00:43:31,400
permeable surface. I was
thinking more from that point.

816
00:43:31,400 --> 00:43:33,667
Of view. Right. And you didn’t
see any of that. And that’s

817
00:43:33,667 --> 00:43:35,734
that’s going into the Planning
Commission, the engineer’s

818
00:43:35,734 --> 00:43:36,767
report for drainage.

819
00:43:36,767 --> 00:43:38,367
Okay.

820
00:43:38,367 --> 00:43:40,533
That’s more for their use.

821
00:43:40,533 --> 00:43:42,133
Anything else on number four?

822
00:43:42,133 --> 00:43:45,333
Oh, number five show that the
alleged hardship is not

823
00:43:45,333 --> 00:43:50,100
self-created.

824
00:43:50,100 --> 00:43:54,000
Not not if they want to
accomplish their business goals

825
00:43:54,000 --> 00:43:55,934
in this specific area.

826
00:43:55,934 --> 00:43:58,700
It would be a very small
building to if it was provided.

827
00:43:58,700 --> 00:44:00,500
All the parking was provided on
site.

828
00:44:00,500 --> 00:44:10,467
Right. Would also be a very
tiny parking one. Possibly, um.

829
00:44:10,467 --> 00:44:13,133
Anything else on number five?

830
00:44:13,133 --> 00:44:18,467
Okay. Anyone want to make a
motion on parking space? Count

831
00:44:18,467 --> 00:44:22,800
and with the we’ll add the
thing about the the the sugar

832
00:44:22,800 --> 00:44:23,400
also in there.

833
00:44:23,400 --> 00:44:26,767
Sure. I’ll go for it. I’ll take
control of this one, I guess,

834
00:44:26,767 --> 00:44:28,066
if that’s okay with everybody.

835
00:44:28,066 --> 00:44:34,467
Go for it. All right. Uh, for
application 26 to 63 a 267

836
00:44:34,467 --> 00:44:40,333
South Main Street. Uh, seeking
an area variance for. A parking

837
00:44:40,333 --> 00:44:46,400
variance, um, seeking 45 spaces
instead of 145. I would make a

838
00:44:46,400 --> 00:44:50,467
motion to approve that as well,
based on, again, items one

839
00:44:50,467 --> 00:44:53,266
through three, we’re going to
cede four to the Planning

840
00:44:53,266 --> 00:44:56,300
Commission. And then item five
as well.

841
00:44:56,300 --> 00:44:59,600
Second okay. Any further
discussion?

842
00:44:59,600 --> 00:45:03,333
I, I just want to be clear,
because I think you said the

843
00:45:03,333 --> 00:45:04,400
same thing for the last one.

844
00:45:04,400 --> 00:45:07,166
You’re not going to include
five in the motion. You’re just

845
00:45:07,166 --> 00:45:08,233
going to include one through
three.

846
00:45:08,233 --> 00:45:09,533
Oh that’s okay though right.

847
00:45:09,533 --> 00:45:09,800
Yeah.

848
00:45:09,800 --> 00:45:12,400
Well no I mean it’s either way,
but yeah I mean are you going

849
00:45:12,400 --> 00:45:14,533
to are you going to say that
this is not a self-created

850
00:45:14,533 --> 00:45:16,100
hardship, or are you saying
that.

851
00:45:16,100 --> 00:45:17,700
It is it self create or is it
not.

852
00:45:17,700 --> 00:45:20,467
Oh are you I mean having just
one through three it’s fine.

853
00:45:20,467 --> 00:45:23,066
But yeah, I know you’re saying
four is not in the motion.

854
00:45:23,066 --> 00:45:24,166
Yeah. And I’m not sure if.

855
00:45:24,166 --> 00:45:25,700
Five for what I’m doing with
five.

856
00:45:25,700 --> 00:45:27,867
Um, either of the previous
motions because you said you

857
00:45:27,867 --> 00:45:28,533
said it the same way.

858
00:45:28,533 --> 00:45:31,066
I did say it the same way. I
was trying to be consistent. No.

859
00:45:31,066 --> 00:45:31,233
Good.

860
00:45:31,233 --> 00:45:33,166
I just want to make sure I have
your.

861
00:45:33,166 --> 00:45:35,867
I would say. I mean, that’s a
hard one.

862
00:45:35,867 --> 00:45:40,266
I self-created hardship is, is
Carol will tell you. I mean,

863
00:45:40,266 --> 00:45:40,633
they’re.

864
00:45:40,633 --> 00:45:42,433
All self-created. I guess I’ll
leave that one out. I’ll go one

865
00:45:42,433 --> 00:45:44,400
through three on both. Please.

866
00:45:44,400 --> 00:45:46,467
If it pleases the committee.

867
00:45:46,467 --> 00:45:48,600
Okay. Any other discussion.

868
00:45:48,600 --> 00:45:50,767
You got? Robert’s with a second
again? Yep.

869
00:45:50,767 --> 00:45:51,834
Okay.

870
00:45:51,834 --> 00:45:52,367
Good to do, sir.

871
00:45:52,367 --> 00:45:53,233
Would you call the roll.

872
00:45:53,233 --> 00:45:54,500
Please, Mr. Balbo?

873
00:45:54,500 --> 00:45:55,033
Yes.

874
00:45:55,033 --> 00:45:57,200
Mr. Roberts? Yes, Miss Harris?

875
00:45:57,200 --> 00:46:00,967
Yes, miss burger? Yes, Miss
Tomsic?

876
00:46:00,967 --> 00:46:02,000
Yes.

877
00:46:02,000 --> 00:46:03,100
Miss Hanshaw.

878
00:46:03,100 --> 00:46:04,700
Yes, chairman.

879
00:46:04,700 --> 00:46:05,233
Willmar.

880
00:46:05,233 --> 00:46:05,767
Yes.

881
00:46:05,767 --> 00:46:07,867
Motion carries all voting. Yes.

882
00:46:07,867 --> 00:46:08,967
Thank you.

883
00:46:08,967 --> 00:46:10,033
Thank you very much.

884
00:46:10,033 --> 00:46:12,166
Thank you. I really appreciate
it.

885
00:46:12,166 --> 00:46:13,800
Thank you.

886
00:46:13,800 --> 00:46:15,367
Okay. See you in a couple of
weeks.

887
00:46:15,367 --> 00:46:16,433
Yeah.

888
00:46:16,433 --> 00:46:18,033
Yes. She’ll be back here out of
again.

889
00:46:18,033 --> 00:46:19,667
Be back to the Planning
Commission.

890
00:46:19,667 --> 00:46:21,200
Well good luck.

891
00:46:21,200 --> 00:46:23,867
Do you? Dual purpose. Okay.

892
00:46:23,867 --> 00:46:30,333
Item number two, application
262642 50 Gorham Street. Josh

893
00:46:30,333 --> 00:46:34,066
and Carrie Coon seeking area
variances necessary to operate

894
00:46:34,066 --> 00:46:38,333
a private event center in
accordance with chapter 851

895
00:46:38,333 --> 00:46:44,834
10.4. Um, number one, minimum
lot size of ten acres. With the

896
00:46:44,834 --> 00:46:49,033
setback of 100ft from all
property lines. Number two, the

897
00:46:49,033 --> 00:46:53,000
use shall appear to be single
family residents. The number

898
00:46:53,000 --> 00:46:58,066
three parking must be visible
from the public right of way..

899
00:46:58,066 --> 00:47:01,266
And before we get into it too
far with the applicant, just

900
00:47:01,266 --> 00:47:04,000
let me explain what we have
going on here. This this is an

901
00:47:04,000 --> 00:47:06,834
applicant, a use that is
permitted by special use permit

902
00:47:06,834 --> 00:47:09,500
to the Planning Commission, but
it doesn’t meet many of the

903
00:47:09,500 --> 00:47:13,533
standards of that use. So, um,
this is not the final approval

904
00:47:13,533 --> 00:47:17,333
of the project, but this just
gets allows them to present to

905
00:47:17,333 --> 00:47:23,667
the Planning Commission. Um, in
that, as I noted, the, the the

906
00:47:23,667 --> 00:47:26,567
vision of what an event center
would look like is based kind

907
00:47:26,567 --> 00:47:30,667
of on the concept of, of a home
with a lot of property around

908
00:47:30,667 --> 00:47:35,000
it. And, um, this is a unique
vision of doing an event center

909
00:47:35,000 --> 00:47:39,800
in, in what is more of a, of an
urban structure with, um, a

910
00:47:39,800 --> 00:47:42,934
commercial appearance.

911
00:47:42,934 --> 00:47:46,100
Okay. This doesn’t have a
secret as it.

912
00:47:46,100 --> 00:47:48,266
No.

913
00:47:48,266 --> 00:47:52,734
Okay. Here, you see your
present. So you want to talk

914
00:47:52,734 --> 00:47:55,700
about name for the record and
address for the record.

915
00:47:55,700 --> 00:47:56,333
My name.

916
00:47:56,333 --> 00:47:56,834
Is Mike Giunta.

917
00:47:56,834 --> 00:47:58,367
Uh, Josh and Kerry.

918
00:47:58,367 --> 00:48:01,066
Could not make it tonight, so
I’m here representing them.

919
00:48:01,066 --> 00:48:01,633
Okay.

920
00:48:01,633 --> 00:48:03,200
Tell us what you’re looking to
do.

921
00:48:03,200 --> 00:48:07,033
So we are looking to seek three
variances. Um, as previously

922
00:48:07,033 --> 00:48:12,333
stated, uh, the first variance
is to make or to allow parking

923
00:48:12,333 --> 00:48:16,066
to be visible from the public
right of way. Um, the existing

924
00:48:16,066 --> 00:48:21,400
40 space lot is already built
and cannot be relocated. The

925
00:48:21,400 --> 00:48:29,400
second variance is the parcel
is, uh, it’s 0.6 acres. Um, not

926
00:48:29,400 --> 00:48:33,200
it’s not the ten acres
required. Um, building setbacks

927
00:48:33,200 --> 00:48:37,400
are 20ft, not the required
100ft. These are pre-existing

928
00:48:37,400 --> 00:48:42,233
conditions. The lot was plotted
long before, uh, the code was

929
00:48:42,233 --> 00:48:43,200
enacted.

930
00:48:43,200 --> 00:48:46,467
And if I could just jump in
right then. I mean, if you read

931
00:48:46,467 --> 00:48:50,200
those, I mean, those are
describing, like, a big house

932
00:48:50,200 --> 00:48:53,934
on a big property and not
impacting the other residential

933
00:48:53,934 --> 00:48:58,200
neighbors. Um, you know,
obviously this property was

934
00:48:58,200 --> 00:49:01,533
never a house, could never be a
house, and it has always had a

935
00:49:01,533 --> 00:49:04,633
much more intensive commercial
use.

936
00:49:04,633 --> 00:49:10,000
Correct? Yep. And then the last
variance is the the building

937
00:49:10,000 --> 00:49:13,800
does not appear to be a single
family residence. Um, is a

938
00:49:13,800 --> 00:49:17,000
fully renovated two story
professional building. Um, it’s

939
00:49:17,000 --> 00:49:20,133
been that its entire history.

940
00:49:20,133 --> 00:49:27,533
Um, so we’re seeking a variance
to allow that.

941
00:49:27,533 --> 00:49:29,667
Um.

942
00:49:29,667 --> 00:49:32,400
And I would just point out one
more thing that, um, because

943
00:49:32,400 --> 00:49:35,734
this is obviously a commercial
building in a residential zone

944
00:49:35,734 --> 00:49:40,934
district over the last 30
years, I think there’s been 6

945
00:49:40,934 --> 00:49:44,667
or 8 use variances that have
been issued for this, trying to

946
00:49:44,667 --> 00:49:48,567
trying to find a use for this
property most recently used as

947
00:49:48,567 --> 00:49:55,934
a as a gym and then a wellness
facility. Um, so without, you

948
00:49:55,934 --> 00:49:59,233
know, going to a much harder
test of, of establishing a use

949
00:49:59,233 --> 00:50:02,900
variance, this is kind of an
interesting case where, you

950
00:50:02,900 --> 00:50:07,200
know, a permitted use can be
allowed, um, with some area

951
00:50:07,200 --> 00:50:08,066
variances instead.

952
00:50:08,066 --> 00:50:09,166
Interesting.

953
00:50:09,166 --> 00:50:10,200
Mhm.

954
00:50:10,200 --> 00:50:12,400
Um.

955
00:50:12,400 --> 00:50:18,300
And yeah, just the other thing,
if it, I noted in my review,

956
00:50:18,300 --> 00:50:23,066
the building was modified by
the previous previous owner,

957
00:50:23,066 --> 00:50:25,700
um, removing the second floor.

958
00:50:25,700 --> 00:50:28,934
So you know, a lot of the uses
that the building could be used

959
00:50:28,934 --> 00:50:33,300
for have been limited by the
fact that you now have this in

960
00:50:33,300 --> 00:50:38,000
the photo, you see this large
two story space which, um, is

961
00:50:38,000 --> 00:50:39,000
rather unique.

962
00:50:39,000 --> 00:50:39,567
Yeah.

963
00:50:39,567 --> 00:50:43,266
So a little bit industrial
looking at this, um.

964
00:50:43,266 --> 00:50:44,400
We’re going to do all three of
these.

965
00:50:44,400 --> 00:50:47,066
At once. Well, I was going to
ask that. Well, I was gonna

966
00:50:47,066 --> 00:50:48,667
I’ll get to that in a minute.

967
00:50:48,667 --> 00:50:50,800
Uh, anyone have any questions
before I open the public

968
00:50:50,800 --> 00:50:54,533
hearing? Okay, I’ll open the
public hearing. At this time.

969
00:50:54,533 --> 00:50:57,400
Is there anyone here to speak
to this? I’ll see anyone in the

970
00:50:57,400 --> 00:50:59,467
room. Any written comments
online?

971
00:50:59,467 --> 00:51:00,934
No comments.

972
00:51:00,934 --> 00:51:04,166
And I don’t know if there’s
anyone online, is there?

973
00:51:04,166 --> 00:51:07,100
Yeah. And, well, I mean, for
what it’s worth, we’ve had, as

974
00:51:07,100 --> 00:51:09,700
I said, 4 or 5 different
commercial uses in this

975
00:51:09,700 --> 00:51:13,233
property. And we’ve never had
complaints from the neighbors.

976
00:51:13,233 --> 00:51:15,400
Okay.

977
00:51:15,400 --> 00:51:17,734
And again, there’ll be another
public hearing at the Planning

978
00:51:17,734 --> 00:51:20,166
Commission with, you know, more
details on on the use.

979
00:51:20,166 --> 00:51:25,200
Okay. And I will close the
public hearing. Okay. So do we

980
00:51:25,200 --> 00:51:28,200
want to tackle this as a
package deal of all three at

981
00:51:28,200 --> 00:51:29,767
once, or do we want to take
this separately?

982
00:51:29,767 --> 00:51:30,834
I think it’s appropriate.

983
00:51:30,834 --> 00:51:33,600
You need you need to hit them
all. So I guess it’s up to you,

984
00:51:33,600 --> 00:51:37,266
right? Oh, wait. Someone
there’s someone present. Um.

985
00:51:37,266 --> 00:51:40,967
Oh, there. Yep. Kim. I’m sorry.

986
00:51:40,967 --> 00:51:44,667
Okay. Yep. I will reopen the
public hearing.

987
00:51:44,667 --> 00:51:47,066
Sorry. I was trying to get
myself off mute. Can you hear

988
00:51:47,066 --> 00:51:47,367
me?

989
00:51:47,367 --> 00:51:48,433
Yep. Can I hear you now?

990
00:51:48,433 --> 00:51:50,033
Know my address. For the
record, please.

991
00:51:50,033 --> 00:51:52,734
Um, I’m at 257 Gibson Street.

992
00:51:52,734 --> 00:51:56,533
My property actually backs
right up. So from my back

993
00:51:56,533 --> 00:51:58,600
porch, I can see that building.

994
00:51:58,600 --> 00:52:02,567
So I’m on more. Just curious
about what it looks like and

995
00:52:02,567 --> 00:52:05,700
what that type of parking lot
is going to look, because my

996
00:52:05,700 --> 00:52:09,800
entire back yard is right
behind that.

997
00:52:09,800 --> 00:52:12,500
Are there any changes to the
parking lot?

998
00:52:12,500 --> 00:52:13,567
No existing changes.

999
00:52:13,567 --> 00:52:14,100
As is.

1000
00:52:14,100 --> 00:52:17,567
So is it. Is that giant grass
area all going to be a parking

1001
00:52:17,567 --> 00:52:20,233
lot? Is that the plan where
there’s the building and then

1002
00:52:20,233 --> 00:52:22,834
there’s like a small parking
lot that’s back there. It’s not

1003
00:52:22,834 --> 00:52:26,934
a huge parking lot. Um, but
then you’ve got all that grass

1004
00:52:26,934 --> 00:52:30,100
area. Is that grass area what’s
going to be a parking lot?

1005
00:52:30,100 --> 00:52:31,133
No.

1006
00:52:31,133 --> 00:52:34,400
So it’s just going to remain
the same spots that are there

1007
00:52:34,400 --> 00:52:35,400
currently.

1008
00:52:35,400 --> 00:52:36,033
That’s correct.

1009
00:52:36,033 --> 00:52:39,200
There’s there’ll be an
application to the Planning

1010
00:52:39,200 --> 00:52:42,467
Commission if there’s a changes
to the site, that would be a

1011
00:52:42,467 --> 00:52:45,133
site plan review, which again,
the neighbors would be

1012
00:52:45,133 --> 00:52:48,800
notified. Um, I had talked to.

1013
00:52:48,800 --> 00:52:49,367
Josh and.

1014
00:52:49,367 --> 00:52:51,767
Carrie, the owners, and they
said there wouldn’t be any

1015
00:52:51,767 --> 00:52:54,734
change to the site plan. So
we’re just looking at using the

1016
00:52:54,734 --> 00:52:57,500
existing building on the
existing site without any

1017
00:52:57,500 --> 00:53:00,600
changes.

1018
00:53:00,600 --> 00:53:04,367
Okay.

1019
00:53:04,367 --> 00:53:05,934
Anything else you want to say?

1020
00:53:05,934 --> 00:53:08,300
Oh, no, I’m just trying to
understand what it would look

1021
00:53:08,300 --> 00:53:10,734
like and kind of what traffic
would be back there.

1022
00:53:10,734 --> 00:53:15,600
Yeah. So so the variances as
proposed are as is um, any

1023
00:53:15,600 --> 00:53:19,333
changes to the property. Um,
regarding the use and the

1024
00:53:19,333 --> 00:53:22,000
traffic would probably be
better served at the Planning

1025
00:53:22,000 --> 00:53:24,400
Commission meeting and you’ll
be notified of that meeting as

1026
00:53:24,400 --> 00:53:28,400
well. Sorry to call you out
twice, but that will be, um,

1027
00:53:28,400 --> 00:53:33,734
second weekend in October. And
traffic and site plan changes

1028
00:53:33,734 --> 00:53:35,967
and hours of operation and
those kind of things related to

1029
00:53:35,967 --> 00:53:39,066
the use would be discussed at
that meeting. Okay. This is

1030
00:53:39,066 --> 00:53:43,867
just, um, basically allowing
the building and site as is to

1031
00:53:43,867 --> 00:53:45,467
make application to the
Planning Commission.

1032
00:53:45,467 --> 00:53:46,500
Gotcha. Okay.

1033
00:53:46,500 --> 00:53:49,900
Thank you. And just one note,
they they will be present at

1034
00:53:49,900 --> 00:53:52,500
that meeting so they can speak
further on the specific

1035
00:53:52,500 --> 00:53:54,500
details. As far as that
question.

1036
00:53:54,500 --> 00:53:59,467
If it makes any difference to
anyone, they, um, they, they

1037
00:53:59,467 --> 00:54:01,767
let me know they were going to
be out of town, but they did

1038
00:54:01,767 --> 00:54:04,200
want to proceed because they
need to close on the property

1039
00:54:04,200 --> 00:54:06,333
and they can’t close on the
property if they don’t have the

1040
00:54:06,333 --> 00:54:09,066
variances. And they were afraid
they might lose the property if

1041
00:54:09,066 --> 00:54:12,734
they had to wait a month. So
they decided to go ahead under

1042
00:54:12,734 --> 00:54:16,934
difficult circumstances and ask
someone else to to represent.

1043
00:54:16,934 --> 00:54:20,200
It’s not that they they didn’t
care enough to be here.

1044
00:54:20,200 --> 00:54:20,700
Okay.

1045
00:54:20,700 --> 00:54:22,800
Thank you. Host the first
party.

1046
00:54:22,800 --> 00:54:24,433
Thank you, and I will.

1047
00:54:24,433 --> 00:54:24,934
I will.

1048
00:54:24,934 --> 00:54:31,433
Thank you. I will close the
public hearing now. Okay. Um,

1049
00:54:31,433 --> 00:54:34,600
okay. Just get to the.

1050
00:54:34,600 --> 00:54:38,467
balancing test. Yes. It’s that
page in making its

1051
00:54:38,467 --> 00:54:41,133
determination, the Zoning Board
of Appeals shall take into

1052
00:54:41,133 --> 00:54:43,667
consideration the benefit to
the applicant of the variances.

1053
00:54:43,667 --> 00:54:46,400
Granted, it is weighed against
the detriment to the health,

1054
00:54:46,400 --> 00:54:49,533
safety and welfare of the
neighborhood or community by

1055
00:54:49,533 --> 00:54:52,266
such grant and making such a
determination. The board shall

1056
00:54:52,266 --> 00:54:55,500
also consider the following
factors. Number one. Show that

1057
00:54:55,500 --> 00:54:58,066
the granting of the variance
will not produce an undesirable

1058
00:54:58,066 --> 00:55:01,333
change in the character of the
property, or create a detriment

1059
00:55:01,333 --> 00:55:03,467
to nearby properties.

1060
00:55:03,467 --> 00:55:06,066
It doesn’t sound like it’s
going to change anything.

1061
00:55:06,066 --> 00:55:07,133
Yeah.

1062
00:55:07,133 --> 00:55:12,467
It seems to be about the same.

1063
00:55:12,467 --> 00:55:17,266
There’s going to be no changes
to the outside of the building

1064
00:55:17,266 --> 00:55:17,800
as being.

1065
00:55:17,800 --> 00:55:19,467
Taught, right? So a lot of
times when we deal with

1066
00:55:19,467 --> 00:55:24,266
variances, it’s because you’re
modifying the property to a way

1067
00:55:24,266 --> 00:55:26,900
that it’s not permitted in this
case.

1068
00:55:26,900 --> 00:55:27,500
Continue as.

1069
00:55:27,500 --> 00:55:31,834
It is by changing, you’re
changing it to a use that the

1070
00:55:31,834 --> 00:55:35,633
building is not currently set
up for. That’s maybe it’s a

1071
00:55:35,633 --> 00:55:37,767
better way to see it. They’re
not getting any closer than not

1072
00:55:37,767 --> 00:55:39,166
expanding the parking.

1073
00:55:39,166 --> 00:55:42,400
Well, the second variance would
be the use up here as a single

1074
00:55:42,400 --> 00:55:44,700
family residence. I mean, this
is a very industrial looking

1075
00:55:44,700 --> 00:55:45,200
building.

1076
00:55:45,200 --> 00:55:47,734
You can’t it was never a
single. Was it built initially

1077
00:55:47,734 --> 00:55:49,333
as an office for list though?

1078
00:55:49,333 --> 00:55:51,433
So it was literally never that
great.

1079
00:55:51,433 --> 00:55:53,800
There’s the two office
buildings on the north side of

1080
00:55:53,800 --> 00:55:56,266
the street there. They probably
should have bumped the zone

1081
00:55:56,266 --> 00:55:59,467
district up to to create those
in the the manufacturing

1082
00:55:59,467 --> 00:56:02,333
district to the south, but kind
of just drew the line down the

1083
00:56:02,333 --> 00:56:04,433
middle of the street. And these
two properties kind of got

1084
00:56:04,433 --> 00:56:06,433
orphaned into a residential
zone district.

1085
00:56:06,433 --> 00:56:11,333
And also, number one, minimum
lot size, ten acres. I don’t. I

1086
00:56:11,333 --> 00:56:13,467
mean, I don’t think a ten acre
lot exists in the city.

1087
00:56:13,467 --> 00:56:13,934
Well.

1088
00:56:13,934 --> 00:56:15,066
There’s there’s very few.

1089
00:56:15,066 --> 00:56:16,600
There’s at least one. Yeah.

1090
00:56:16,600 --> 00:56:19,233
Tiffany’s probably trying to
figure out what house it is.

1091
00:56:19,233 --> 00:56:20,300
I can’t imagine.

1092
00:56:20,300 --> 00:56:24,033
And, uh, um, right next to the
cemetery.

1093
00:56:24,033 --> 00:56:24,633
That’s what.

1094
00:56:24,633 --> 00:56:26,667
I want to three.

1095
00:56:26,667 --> 00:56:29,000
So, yeah, there’s only a couple
of properties in the city that

1096
00:56:29,000 --> 00:56:31,233
they could do this. So, I mean,
the city council kind of

1097
00:56:31,233 --> 00:56:35,400
crafted this ordinance to limit
how often we could have event

1098
00:56:35,400 --> 00:56:39,533
centers popping up next to
residential neighborhoods. Um,

1099
00:56:39,533 --> 00:56:43,367
not thinking that there were
nonresidential buildings in

1100
00:56:43,367 --> 00:56:45,900
residential zone districts.

1101
00:56:45,900 --> 00:56:46,934
Yeah.

1102
00:56:46,934 --> 00:56:48,000
Yeah.

1103
00:56:48,000 --> 00:56:51,333
Yeah, I don’t think it’ll be
any different. Carol, do you

1104
00:56:51,333 --> 00:56:53,867
want to say something? I
thought I heard.

1105
00:56:53,867 --> 00:56:54,433
We’re good.

1106
00:56:54,433 --> 00:56:59,800
Okay. Anything else on number
one? Number two show that the

1107
00:56:59,800 --> 00:57:02,533
benefit sought by the applicant
cannot be achieved by some

1108
00:57:02,533 --> 00:57:07,266
other feasible method that
would not require a variance.

1109
00:57:07,266 --> 00:57:11,600
It’s about as self-evident as
anything I’ve ever seen.

1110
00:57:11,600 --> 00:57:13,233
Oh, yeah. You can’t have it.

1111
00:57:13,233 --> 00:57:14,767
Yeah. Sorry. Do you want to.

1112
00:57:14,767 --> 00:57:18,600
Yeah. There’s. There’s no way
to, uh, make this look like a

1113
00:57:18,600 --> 00:57:21,200
house or, um.

1114
00:57:21,200 --> 00:57:22,233
The setbacks.

1115
00:57:22,233 --> 00:57:25,133
Or make the parking right. The
parking non-visible will be

1116
00:57:25,133 --> 00:57:27,600
putting it back further away
towards other people’s houses.

1117
00:57:27,600 --> 00:57:32,400
And, um. Yeah, ten acres is is
quite substantial.

1118
00:57:32,400 --> 00:57:36,133
Stipulated it wouldn’t be
feasible to move the parking

1119
00:57:36,133 --> 00:57:37,200
lot. It wouldn’t be physical.

1120
00:57:37,200 --> 00:57:39,100
And in order to cover the
parking lot, you’d have to

1121
00:57:39,100 --> 00:57:41,433
expand the building. Yeah, that
would work.

1122
00:57:41,433 --> 00:57:43,567
So, no. Yeah.

1123
00:57:43,567 --> 00:57:48,166
Um, yeah. And it doesn’t look
like a single family house

1124
00:57:48,166 --> 00:57:50,500
because it was never built as a
single family house originally.

1125
00:57:50,500 --> 00:57:51,567
Exactly. Yeah.

1126
00:57:51,567 --> 00:57:55,367
Can’t change what’s already
been there. Um, anything else

1127
00:57:55,367 --> 00:57:58,767
on number two? OOP. Number
three shall show that the

1128
00:57:58,767 --> 00:58:05,467
requested area variance is not
substantial.

1129
00:58:05,467 --> 00:58:09,200
We think nothing’s changing. So
how could it be substantial?

1130
00:58:09,200 --> 00:58:09,800
Yeah.

1131
00:58:09,800 --> 00:58:11,333
We’re going to say.

1132
00:58:11,333 --> 00:58:14,233
There’s always, you know, ways
to look at substantial you know

1133
00:58:14,233 --> 00:58:16,700
impacts substantial
mathematical substantial.

1134
00:58:16,700 --> 00:58:17,767
Yeah I guess that’s true.

1135
00:58:17,767 --> 00:58:21,000
Whatever. But yeah there’s
several variances. And they are

1136
00:58:21,000 --> 00:58:25,433
large in maybe mathematical
dimensions, but none of them

1137
00:58:25,433 --> 00:58:26,266
require any change.

1138
00:58:26,266 --> 00:58:27,867
To the based on scope. Right.

1139
00:58:27,867 --> 00:58:30,700
They’re gigantic, almost
farcical, but based on

1140
00:58:30,700 --> 00:58:33,834
practical application, they’re
literally invisible. It’s

1141
00:58:33,834 --> 00:58:35,433
interesting..

1142
00:58:35,433 --> 00:58:35,934
Uh.

1143
00:58:35,934 --> 00:58:38,633
Large but invisible.

1144
00:58:38,633 --> 00:58:39,233
Step back.

1145
00:58:39,233 --> 00:58:40,767
Over the concept.

1146
00:58:40,767 --> 00:58:44,967
Yeah, I don’t know. Um, no,
there’s no way you would be

1147
00:58:44,967 --> 00:58:48,767
able to achieve any of that
without any significant.

1148
00:58:48,767 --> 00:58:51,533
Although it is substantial
mathematically. Right. Because,

1149
00:58:51,533 --> 00:58:53,734
I mean, I don’t know how big is
this? How many acres is this

1150
00:58:53,734 --> 00:58:54,033
property?

1151
00:58:54,033 --> 00:58:54,633
I think it says.

1152
00:58:54,633 --> 00:58:56,200
.6.6. Yep.

1153
00:58:56,200 --> 00:59:02,233
Okay. Oh, yeah. Okay. So
mathematically, maybe it is. I

1154
00:59:02,233 --> 00:59:06,600
mean, uh, but I don’t really
think.

1155
00:59:06,600 --> 00:59:10,200
It’s and again, to think of
the, uh, I always question, you

1156
00:59:10,200 --> 00:59:12,500
know, the purpose of a zoning
ordinance and shooting

1157
00:59:12,500 --> 00:59:16,100
question. The purpose of zoning
laws. But when I was involved

1158
00:59:16,100 --> 00:59:19,233
in the writing and the idea
was, you want to keep it far

1159
00:59:19,233 --> 00:59:24,400
away from the adjacent homes
and, uh, you know, it’s not I

1160
00:59:24,400 --> 00:59:25,967
mean, this has always been a
commercial building.

1161
00:59:25,967 --> 00:59:26,500
Yeah.

1162
00:59:26,500 --> 00:59:29,200
There is a six foot fence
surrounding the entire parking

1163
00:59:29,200 --> 00:59:31,300
lot as well. That backs right
up to the homes.

1164
00:59:31,300 --> 00:59:36,066
Um. That got good marks on the
last one. So that’s a good

1165
00:59:36,066 --> 00:59:36,233
sign.

1166
00:59:36,233 --> 00:59:37,166
Yeah, right.

1167
00:59:37,166 --> 00:59:39,800
It looks like Kim has a
question.

1168
00:59:39,800 --> 00:59:41,433
Oh, you closed the hearing.

1169
00:59:41,433 --> 00:59:43,033
Oh, yeah. Well, you can.

1170
00:59:43,033 --> 00:59:48,333
It’s up to you if you close it
Oh, that’s right. Uh.

1171
00:59:48,333 --> 00:59:50,300
We could do more at the
Planning Commission meeting,

1172
00:59:50,300 --> 00:59:53,367
too. I believe most of our
concerns are functional today,

1173
00:59:53,367 --> 00:59:54,333
but the use.

1174
00:59:54,333 --> 00:59:55,400
Of the property. Anything else?

1175
00:59:55,400 --> 01:00:00,233
Number three. Number four, show
that the proposed variance will

1176
01:00:00,233 --> 01:00:03,900
not have an adverse effect or
impact on the physical or

1177
01:00:03,900 --> 01:00:06,467
environmental conditions in the
neighborhood.

1178
01:00:06,467 --> 01:00:07,567
They’re not changing any.

1179
01:00:07,567 --> 01:00:09,900
So this is the granting of the
variance to the granting of the

1180
01:00:09,900 --> 01:00:15,033
variance cause any
environmental impacts. No no.

1181
01:00:15,033 --> 01:00:16,600
Use. No.

1182
01:00:16,600 --> 01:00:17,734
Because this an area variance.

1183
01:00:17,734 --> 01:00:18,767
Now this.

1184
01:00:18,767 --> 01:00:21,967
Also maybe back to your.

1185
01:00:21,967 --> 01:00:22,500
Yeah. Right.

1186
01:00:22,500 --> 01:00:23,567
It’s no change.

1187
01:00:23,567 --> 01:00:25,900
No change means. Yeah. It’s
hard to say a substantial. And

1188
01:00:25,900 --> 01:00:27,266
nothing’s changing.

1189
01:00:27,266 --> 01:00:29,433
Did I hear your voice, Carol?

1190
01:00:29,433 --> 01:00:30,500
I’m chuckling.

1191
01:00:30,500 --> 01:00:33,166
Oh, okay. I just wondered if
you want to say anything.

1192
01:00:33,166 --> 01:00:36,333
I say that that is her
agreement.

1193
01:00:36,333 --> 01:00:42,934
Um. Anything else at number
four? No. Number five show that

1194
01:00:42,934 --> 01:00:47,533
the alleged hardship is not
self-created.

1195
01:00:47,533 --> 01:00:49,166
In this case, I might actually.

1196
01:00:49,166 --> 01:00:51,400
Ah, yeah. Can we do that this
time? I know I was thinking the

1197
01:00:51,400 --> 01:00:51,667
same thing.

1198
01:00:51,667 --> 01:00:56,100
Carol can’t wait to hear this
one.

1199
01:00:56,100 --> 01:01:01,667
Uh, well, because there are so
few things that you can do with

1200
01:01:01,667 --> 01:01:11,667
this building without a
variance. It’s kind of plus the

1201
01:01:11,667 --> 01:01:16,934
the requirements are kind of
extreme. Uh, as you said,

1202
01:01:16,934 --> 01:01:22,266
farcical. Yeah. Okay.

1203
01:01:22,266 --> 01:01:28,667
I mean, they didn’t write the
right the, uh, ordinance.

1204
01:01:28,667 --> 01:01:29,767
Yeah.

1205
01:01:29,767 --> 01:01:33,100
I know you said you don’t like
to dunk on ordinances, but, you

1206
01:01:33,100 --> 01:01:36,900
know, you are. You’re part of
the writing it. Right? So, I

1207
01:01:36,900 --> 01:01:39,900
mean, when they wrote that
ordinance.

1208
01:01:39,900 --> 01:01:40,967
Uh, it was involved. Yes.

1209
01:01:40,967 --> 01:01:45,266
So I think it makes excellent
sense in any building except

1210
01:01:45,266 --> 01:01:48,667
for this one, basically, as a
homeowner in the city as well,

1211
01:01:48,667 --> 01:01:51,367
I would not. I think those are
great rules. But on this

1212
01:01:51,367 --> 01:01:54,834
building specifically, they
don’t obviously make any sense.

1213
01:01:54,834 --> 01:01:56,400
No, I don’t.

1214
01:01:56,400 --> 01:01:58,533
So yes, we want can.

1215
01:01:58,533 --> 01:02:03,467
Um, anything else at number
five? Okay. Any further

1216
01:02:03,467 --> 01:02:08,767
discussion? If not, I would
invite a motion.

1217
01:02:08,767 --> 01:02:11,967
Motion to approve.

1218
01:02:11,967 --> 01:02:13,300
Yeah. Do you want to go through
it?

1219
01:02:13,300 --> 01:02:17,333
Sure. Um, motion to approve.

1220
01:02:17,333 --> 01:02:24,734
Application 262642 50 Gorham
Street. Um, request for an ER.

1221
01:02:24,734 --> 01:02:28,000
Seeking an area variance
necessary to operate a private

1222
01:02:28,000 --> 01:02:36,567
event center. Um, in accordance
to 851 10.4, minimum lot size

1223
01:02:36,567 --> 01:02:41,266
of ten acres. Uh, the use shall
not appear. Shall appear to be

1224
01:02:41,266 --> 01:02:44,000
a single family residence, and
the parking must not be visible

1225
01:02:44,000 --> 01:02:45,600
from the public right of way.

1226
01:02:45,600 --> 01:02:53,133
Um, based on, uh, for once,
actually, one through five, I

1227
01:02:53,133 --> 01:02:55,166
think they meet all standards.

1228
01:02:55,166 --> 01:02:58,333
Okay. Clean sweep. Is there a
second?

1229
01:02:58,333 --> 01:02:59,400
Second.

1230
01:02:59,400 --> 01:03:02,133
Second. By Mr. Burger.

1231
01:03:02,133 --> 01:03:03,200
Um.

1232
01:03:03,200 --> 01:03:07,066
Any further discussion? If not,
Mr. Brown, would you call the

1233
01:03:07,066 --> 01:03:07,367
roll, please?

1234
01:03:07,367 --> 01:03:09,633
Miss Tomsic? Yes. Mr. Burger?

1235
01:03:09,633 --> 01:03:09,767
Yes.

1236
01:03:09,767 --> 01:03:10,700
Mr. Felber?

1237
01:03:10,700 --> 01:03:11,233
Yes.

1238
01:03:11,233 --> 01:03:13,934
Mr. Roberts? Yes, Miss Harris?

1239
01:03:13,934 --> 01:03:14,967
Yes. Miss Henshaw?

1240
01:03:14,967 --> 01:03:16,033
Yes.

1241
01:03:16,033 --> 01:03:19,734
Chairman. Willmar. Yes. Motion
carries all voting. Yes.

1242
01:03:19,734 --> 01:03:22,467
Okay. Thank you. Thank you
guys.

1243
01:03:22,467 --> 01:03:23,000
All right.

1244
01:03:23,000 --> 01:03:26,166
Thank you. Any miscellaneous?

1245
01:03:26,166 --> 01:03:28,567
Uh, no, I have no
miscellaneous. I was just

1246
01:03:28,567 --> 01:03:29,867
looking. The, uh.

1247
01:03:29,867 --> 01:03:32,033
You did send out a, uh,
training.

1248
01:03:32,033 --> 01:03:35,367
Training is is a really good
one because it’s, I mean, I, I

1249
01:03:35,367 --> 01:03:39,166
mean, as far as training goes,
it’s free. It’s local. It’s

1250
01:03:39,166 --> 01:03:42,834
four hours. So long, so
exactly. Hits all the all the

1251
01:03:42,834 --> 01:03:46,066
requirements. And I’ll even
give you dinner. Uh, so we have

1252
01:03:46,066 --> 01:03:48,166
to go up to Rochester. You
don’t have to go down to

1253
01:03:48,166 --> 01:03:49,600
Albany. Yeah.

1254
01:03:49,600 --> 01:03:50,266
I already signed up.

1255
01:03:50,266 --> 01:03:52,867
Online is always good, but, I
mean, this is one where you

1256
01:03:52,867 --> 01:03:55,500
actually get to to see other
planners and maybe do.

1257
01:03:55,500 --> 01:03:58,734
Some providing a meal and you
get to hear about affordable

1258
01:03:58,734 --> 01:03:59,734
housing.

1259
01:03:59,734 --> 01:03:59,900
Nice.

1260
01:03:59,900 --> 01:04:02,467
That sounds good to learn about
different aspects.

1261
01:04:02,467 --> 01:04:03,567
What’s on the menu?

1262
01:04:03,567 --> 01:04:08,367
I don’t know. That that will be
the tipping point.

1263
01:04:08,367 --> 01:04:08,533
Okay.

1264
01:04:08,533 --> 01:04:11,400
Dinner will be. It’s a dinner
will be provided. So I’m not

1265
01:04:11,400 --> 01:04:13,667
sure what’s on the menu.

1266
01:04:13,667 --> 01:04:16,934
I could ask if that makes a
difference. It’s being run by

1267
01:04:16,934 --> 01:04:19,266
Ontario County, which is, you
know, also good because there’s

1268
01:04:19,266 --> 01:04:22,000
a lot of good local feel. And
sometimes we go up to

1269
01:04:22,000 --> 01:04:23,867
Rochester. They talk about
things that aren’t as

1270
01:04:23,867 --> 01:04:24,200
practical.

1271
01:04:24,200 --> 01:04:25,133
As we’re. trying to get.

1272
01:04:25,133 --> 01:04:29,567
All of the local, um, you know,
all the people that serve on

1273
01:04:29,567 --> 01:04:33,133
the planning boards and CPAs of
the different towns, they try

1274
01:04:33,133 --> 01:04:34,734
to get them together and do a
training.

1275
01:04:34,734 --> 01:04:38,066
And that’s very helpful because
it’s sometimes difficult for

1276
01:04:38,066 --> 01:04:39,467
people to, to travel.

1277
01:04:39,467 --> 01:04:41,333
A lot of us on the county
planning board don’t

1278
01:04:41,333 --> 01:04:44,867
necessarily always what we’re
supposed to do is like communal

1279
01:04:44,867 --> 01:04:47,033
communicate back, kind of be
their representatives to our

1280
01:04:47,033 --> 01:04:51,767
towns. And there’s what, 16, 17
towns and two county?

1281
01:04:51,767 --> 01:04:54,000
Yeah. And you guys might not
know this, but, um, so the

1282
01:04:54,000 --> 01:04:56,700
county planning board is, is
required. Some referrals are

1283
01:04:56,700 --> 01:04:58,734
required to the county planning
board if they occur within

1284
01:04:58,734 --> 01:05:02,567
500ft of state roads or county
roads or county facilities, uh

1285
01:05:02,567 --> 01:05:05,900
municipal boundaries. And they
make recommendations to the

1286
01:05:05,900 --> 01:05:09,400
Planning Commission. Very
rarely, the zoning board. And

1287
01:05:09,400 --> 01:05:11,033
we pick a local representative.

1288
01:05:11,033 --> 01:05:14,400
And Ryan is the representative,
the county planning board from

1289
01:05:14,400 --> 01:05:14,767
the city?

1290
01:05:14,767 --> 01:05:19,600
Yes. Each town in the county
gets a representative. So in

1291
01:05:19,600 --> 01:05:24,133
the two cities. Nice. So it’s,
uh, the villages don’t get one.

1292
01:05:24,133 --> 01:05:27,233
They get the towns. Cities are
a little a little bit more

1293
01:05:27,233 --> 01:05:30,834
special, I guess. Yeah. Um,
okay. Anything else? Anyone

1294
01:05:30,834 --> 01:05:33,967
want to bring up? It’s time. If
not, motion to adjourn.

1295
01:05:33,967 --> 01:05:35,033
I always in order.

1296
01:05:35,033 --> 01:05:36,667
If I could just pause. Sorry.

1297
01:05:36,667 --> 01:05:40,400
One more thing. I just, um, our
next meeting is on the 18th.

1298
01:05:40,400 --> 01:05:43,166
That’s the week before
Thanksgiving, so that should be

1299
01:05:43,166 --> 01:05:46,000
okay. I mean, this is November
meeting. I’m sorry. We had some

1300
01:05:46,000 --> 01:05:48,400
issues. Uh, the planning
commission meeting falls on

1301
01:05:48,400 --> 01:05:51,200
Veterans Day. We’re going to
have to move that. But your

1302
01:05:51,200 --> 01:05:54,834
meeting is on the 18th of
November, so, you know, look at

1303
01:05:54,834 --> 01:05:57,467
your calendars. Hopefully, you
know, everyone’s. still around.

1304
01:05:57,467 --> 01:05:59,600
So we closer to the holidays.

1305
01:05:59,600 --> 01:06:02,867
Um, we’ll look at when the
meetings fall will be December.

1306
01:06:02,867 --> 01:06:06,066
Looks like we’re falling on the
16th. Nice and early.

1307
01:06:06,066 --> 01:06:06,734
That should.

1308
01:06:06,734 --> 01:06:07,633
Be fine. So.

1309
01:06:07,633 --> 01:06:09,200
Um, October.

1310
01:06:09,200 --> 01:06:10,867
We went. We won. December.

1311
01:06:10,867 --> 01:06:13,800
Wouldn’t want to fall in the
23rd. Um, so that’s good that

1312
01:06:13,800 --> 01:06:18,834
we’re early. Um, October.

1313
01:06:18,834 --> 01:06:19,367
21st.

1314
01:06:19,367 --> 01:06:20,033
Right? Right.

1315
01:06:20,033 --> 01:06:21,500
Yeah. 21. Yeah.

1316
01:06:21,500 --> 01:06:22,533
Okay.

1317
01:06:22,533 --> 01:06:25,200
And then in December, we’ll be
looking at the six. Just

1318
01:06:25,200 --> 01:06:26,300
planning ahead the 16th.

1319
01:06:26,300 --> 01:06:27,367
Yep.

1320
01:06:27,367 --> 01:06:30,066
So it’s pretty early in the
month. So that’s nice. And then

1321
01:06:30,066 --> 01:06:33,467
onward okay. But just as you
know if you can try to check

1322
01:06:33,467 --> 01:06:34,633
your calendars as soon as
possible.

1323
01:06:34,633 --> 01:06:36,533
Are we currently at the
rescheduled meeting? I’m just I

1324
01:06:36,533 --> 01:06:38,533
thought there was one coming
up. Is that right now.

1325
01:06:38,533 --> 01:06:38,767
This is.

1326
01:06:38,767 --> 01:06:39,233
The current.

1327
01:06:39,233 --> 01:06:40,367
Okay. So we’re they’re.

1328
01:06:40,367 --> 01:06:43,667
Always the third one. Stay. We
just, you know, look ahead. And

1329
01:06:43,667 --> 01:06:47,667
if you find the third Wednesday
falls in the holiday or, um,

1330
01:06:47,667 --> 01:06:50,367
you know, your wife’s birthday,
you might need a miss or

1331
01:06:50,367 --> 01:06:53,533
something like that. Um, no,
just check your calendar. So,

1332
01:06:53,533 --> 01:06:55,633
you know, we’re not scrambling
the day before.

1333
01:06:55,633 --> 01:06:55,800
Yeah.

1334
01:06:55,800 --> 01:06:59,033
For sure. Yeah. We are always
able to move. At our initial

1335
01:06:59,033 --> 01:07:03,200
meeting in January, we usually
set the schedule for the year,

1336
01:07:03,200 --> 01:07:04,767
although it is flexible.

1337
01:07:04,767 --> 01:07:06,100
We do two things. We set that.

1338
01:07:06,100 --> 01:07:09,100
We set the meeting, and then we
empower the chair to call

1339
01:07:09,100 --> 01:07:12,934
special meetings so we can we
can call. But Finger Lakes

1340
01:07:12,934 --> 01:07:16,066
Television, uh, always likes to
know when our meeting schedule

1341
01:07:16,066 --> 01:07:19,133
is so they can plan accordingly.

1342
01:07:19,133 --> 01:07:22,867
Okay. Anything else? Not motion
to adjourn.

1343
01:07:22,867 --> 01:07:24,467
Always in order.

1344
01:07:24,467 --> 01:07:26,100
Mr. Roberts, is there a second?

1345
01:07:26,100 --> 01:07:27,133
Second?

1346
01:07:27,133 --> 01:07:28,200
All in favor?

1347
01:07:28,200 --> 01:07:28,734
Aye aye.