Flushing Zoning Board of Appeals
Minutes
A Special Meeting of the Flushing Zoning Board of Appeals was called to order on Monday, April 24, 2007 at 7:30 p.m. by Chairperson Patrick O'Callaghan, followed by the Pledge of Allegiance to the Flag.
Present: Edward Borkowski
Kevin J. Keane
David R. Martus
Patrick O’Callaghan
Absent: John H. Daly
Others Present: Nancy G. Parks, City Clerk/Treasurer
Approval of Minutes - Motion by Keane, seconded by Martus, to approve the January 29, 2007 minutes of the Zoning Board of Appeals, as written.
Yea: Borkowski, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Agenda Approval - Motion by Borkowski, seconded by Keane, to approve the April 24, 2007 agenda.
Yea: Borkowski, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
MEETING OPEN TO THE PUBLIC:
Elva Cook, 1459 Flushing Road, addressed the Board.
NEW BUSINESS:
A
Special Meeting date was set for Monday, May 21, 2007 at 7:30 p.m., to hold
public hearings on variance requests for 201 N. McKinley and 1124 E. Main
Street.
PUBLIC
HEARINGS:
Variance – 1415 E. Pierson Road - A request for a variance from the requirements of the Sign Ordinance proposing to replace three (3) sign faces was received from the Patsy Lou Williamson car dealership.
A permit was denied for three reasons: the first was a condition that only one (1) freestanding sign be allowed per site; the second was due to the maximum height requirement being exceeded; and the third, in that the total allowable sign area of forty-eight (48) square feet, has been exceeded.
Flushing Zoning Board of Appeals
Minutes
Page Two
Per 156.19.8, a variance may be allowed by the Board of Appeals when the record supports all of the following affirmative findings:
1. That the alleged hardship or practical difficulty, or both, are exceptional or peculiar to the property of the person requesting the variance, and result from conditions which do not generally exist throughout the city.
2. That the alleged hardships and practical difficulties, or both, which would result from a failure to grant the variance, include substantially more than mere inconvenience, or mere inability to obtain a higher financial return.
3. That allowing the variance will result in substantial justice being done, considering the public benefits intended to be secured by this chapter, the individual hardships that will be suffered by a failure of the Board to grant a variance, and the rights of others whose property would be affected by the allowance of the variance, and will not be contrary to the public purpose and general intent and purpose of this chapter.
The Chairperson opened the public hearing to the audience.
Carrie Doering, a representative for the Patsy Lou Williamson car dealership, stated that the dealership does not want to erect new signs, but to reface the existing signs. There are three signs to be changed.
Elva Cook, 1459 Flushing Road, stated that if Prestige had these signs, then Patsy Lou should be able to retain the current signs.
Ralph Miller, 1340 Robinwood, stated that all they are asking is to put Patsy Lou’s name on the existing signs.
The Chairperson closed this portion of the public hearing.
Mr. Keane stated that the ordinance calls for revision of signs that are larger than the sign ordinance allows; any changes in the sign require a permit. Mr. Keane stated that it would seem that a motion to put this on the table for discussion was in order.
Variance – 1415 E. Pierson Road – Motion by Keane, seconded by O’Callaghan, to allow the existing signs be changed, to reflect the current ownership, be approved.
Yea: Borkowski, Keane, O’Callaghan
Abstain: Martus
Nay: None
Motion Carried.
Flushing Zoning Board of Appeals
Minutes
Page Three
Mr. Borkowski felt that there was probably a variance granted previously to allow the signs. Mr. O’Callaghan stated that this may or may not have been the case; the signs could predate the sign ordinance. Mr. O’Callaghan stated that he would have a hard time approving this variance if there was going to be any dimensional changes in the signs. Mr. Keane concurred with Mr. O’Callaghan, stating that the existing signs will merely be refaced and not dimensionally altered. He stated that, in the interest of fair play and competition with the dealer across the street, who has overly sized signs, it would seem to be as much about fair play, as about strict enforcement of the ordinance. The additional expense of completely resigning, to meet the letter of the ordinance today, would be an unfair burden on this business.
Motion by Keane, seconded by O’Callaghan, to allow Martus to abstain from voting on the variance request for 1415 E. Pierson Road because of a personal relationship with the petitioner’s representative.
Yea: Borkowski, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Adjournment – Motion by Martus, seconded by Borkowski, to adjourn.
Yea: Borkowski, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Adjourn: 7:50 p.m.
______________________________
Nancy G. Parks, City Clerk/Treasurer