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July 17, 2008


The July 17, 2008 Regular meeting of the Board of Adjustment opened at 7:35pm. The clerk read the notice of compliance with the "Open public meetings act." Present were Board members: Wolfersberger, Struncius, Moberg, Reilly and Leonard Alternates: Reynolds and Ardito
Motion by Mr. Reilly, second by Mr. Leonard to memorialize the action and vote approving application #2008-17 of Michael Knorr, 800 Briarcliff Avenue.
In favor: Struncius, Wolfersberger, Moberg, Reilly, Leonard and Reynolds
Opposed: None
Motion by Mr. Leonard, second by Mr. Moberg to memorialize the action and vote approving application #2008-19 of Chef’s International, 101 Channel Drive
In favor: Wolfersberger, Moberg, Leonard, Reilly and Reynolds
Opposed: None
Application #2008-03 – Harbor Lights/John Christoudias, 300 Channel Drive; Block167; Lots 8, 9, 16, 17 and 18; Applicant wishes to demolish existing motel and construct 12 new townhomes.
Constantine Bardis, attorney for applicant. Ronald A. Sebring, Engineer and Planner, credentials accepted. Bill Halkaidakis. Engineer, sworn, credentials accepted. Exhibits entered, A-1, application; A-2 Site-plan; A-3 enlarged Photograph. A-4, Photograph, back of building. A-4, Historical picture. A-6 Conceptual site plan; A-7 Colored rendering of property.
John Christoudias, applicant and licensed Engineer. Applicant is seeking a use variance. A – 4 is a current picture of the property taken from Channel Drive on March 2008. A-5 current photo taken from Broadway. Current structure contains 35 rooms and an office. Applicant proposes to develop as 12 unit townhouse. Requesting a variance for three (3) floors.
Review of Ray Savacool’s Engineers letter, John Christoudias stated;
1.) Access to property will be from Broadway, Channel and Chicago.
2.) Easements are not reflected on drawing.
3.) Sign will comply with ordinance. Sign will not be lit. Conditions of approval are that you will be held to representations at this hearing.
Ray Savacool stated that with regards to sanitation sewer; lateral to sewer will provide adequate slope.
At this point Chairman Struncius drew the line and wants to hear the professionals testify in regards to the site-plan.
4.) John Christoudias stated at this point he is not sure what he will be doing with the fence. Western property line has a fence, but it belongs to the home next door which is owned by the applicant.
Mr. Wolfersberger replied that the applicant is here for an application and the board would like to hear answers. Either you will be putting a fence up or not.
Mr. Leonard wants clarification. The property in question does not have a fence? (Christoudias – Yes) Where will the pool mechanicals be? Why are they not on the drawing?
Mr. Savacool requests that the applicant be more descriptive as to detail.
Mr. Leonard stated that these things should be on the plans.
Constantine Bardis states that what they agree to will be conditions of the resolutions.

Bill Reilly wants the conditions to reflect that there will be a fence around the pool.
Mr. Moberg states that every question so far is lacking on the site plan. Mr. Moberg does not feel that this is a complete site-plan. Mr. Reilly replied that he will have a hard time voting on this due to lack of information.
Chairman Struncius stated that he believes that they have reached some clarity. He believes that it seems to be lacking in engineering details. Ray Savacool believes that most items can be worked through, but the site-plan is lacking and a lot of information needs to be added to the plan.
Mr. Reilly said he will have a tough time voting on something that he has not heard the fundamentals. Mr. Moberg said we have the guts of a major project that does not have the nuts and bolts in place. We do not even know if we have the pipes in place to sustain twelve (12) units. There is a lot of work to do. Mr. Leonard is worried that if the board approves something and then the missing information is added and it can’t be done, and then we end up back here again.
Cliff Gibbons informed the applicant that the Board is giving a lot of good council as to what is concerning them at this point and it would be to their benefit to listen to their guidance.
Roland A Sebring, Professional Planner believes this project is in keeping to what is in the zone. The ordinance created this unusual circumstance. The applicant had considered opening up the garage and they would have not needed a variance. The applicant is proposing shore like architecture, with wood look siding (cedar impressions); cellular PVC solid trim. Building will be concrete construction, with poured concrete floor. Traditional detail in railings; crown moldings under overhang. Ronald Sebring stated that Mr. Christoudias has watched his business decrease over the years and it is not profitable anymore. Mr. Wolfersberger commented that part of that is the fault of the applicant for not maintaining his business. Ronald Sebring agreed that may be part of the problem with the business. Ronald Sebring attributed the motel tax to being one of the problems. Mr. Leonard replied that the tax has nothing to do with it. He said “when was the last time you stayed at a motel/hotel and you inquired what their hotel/motel tax was?”
Cliff Gibbons commented that this is a D-3 conditional use variance. Standard is a little less rigorous than the Medici standard required for D-1 or D-2. I want to make sure the board understands the standard that will be applied.
Ronald Sebring explained he can open the garage or get rid of a wall and make it two floors. He does not believe it will be aesthetically pleasing but it will get rid of the need for a variance. The applicant prefers to have the enclosed garages. Mr. Leonard commented that his concern is the massing of three (3) thirty-five (35) foot high buildings on this lot.
Mr. Reilly inquired if the units will be individually owned. (yes) Will there be an association? (yes) Applicant has expressed that some of the units are going to his children.
Mr. Struncius inquired as to the view of the building from different elevations. Ronald Sebring ensured the board that there are windows and roof breaks. Chairman Struncius wanted to ensure that there are windows and architecturally appealing features. Ronald Sebring referred to the landscaping plan that depicts flowering pear trees and a variety of shrubs.
Bill Halkaidakis, Professional Civil Engineer/Planner, credentials accepted. He would like to indicate the positive criteria. Use on particular site is already permitted; the only concern is the floors. Density is being reduced from 35 rental rooms to 12 condominiums; developing site that meets the criteria of an existing ordinance. Applicant only requesting D-3 variance for three stories. He believes the positive criteria they are bringing to the table far exceeds the negative. He referred to similar buildings located around the neighborhood. Cliff Gibbons clarified that every application is heard on its own merit. In closing Bill Halkaidakis states he believes the positive overrides the negative.

Mr. Leonard said that when he looks at townhomes in other areas they allow 6 per acre. Mr. Leonard told the applicant he has 16 (sixteen) per acre. Cliff Gibbons interjected that the applicant’s professional was referring to a balancing test which is not the standard. You have to satisfy two discreet standards; it not a balancing tests as with a beneficial use.
Chairman Struncius stated that he believes there are members of the Board that is uncomfortable because of missing information. The site plan needs to be revised to include all items in question.
Motion by Mr. Reilly second by Mr. Reynolds to carry application #2008-03 of the Harbour Lights to September 18, 2008 without notice
In favor: Wolfersberger, Reilly, Leonard, Moberg, Struncius, Reynolds and Ardito
Opposed: None
Meeting adjourned at 10:12pm
Attest: Karen L. Mills, Clerk of the Board

Published September19, 2008 | Board of Adjustment Minutes | 653

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