MERRILLVILLE BOARD OF ZONING APPEALS
FEBRUARY 28, 2007
6:30 PM
Chairman Sterley of the Board of Zoning Appeals of February 28, 2007 to order at 6:30pm and led the group in the Pledge of Allegiance. Members in attendance were Mr. Stojakovich, Mr. Kennedy, Mr. Minchuk and Mr. Guip. Staff present were Dorinda Gregor, Attorney Bower and Janet Rosko.
Chairman Sterley asked if we have a motion to approve the minutes of January 24, 2007.
Mr. Kennedy made a motion to approve, 2nd by Mr. Minchuk.
Mr. Stojakovich stated that there was one correction that I would like to point out under elections. The minutes stated Mr. Minchuk made the motion that the nomination for Chairman be closed, 2nd by Mr. Kierzkowski and it should have stated that the 2nd was made by Mr. Kennedy.
Chairman Sterley stated all in favor signify by saying aye.
Motion for approval was unanimous.
COMMUNICATIONS:
Chairman Sterley stated that we will read the letter at the time of the petition. The procedure that I would like to follow is really very simple and basic. As I call the case number and the petitioner is involved I would like for them to come forward and state their name and address for our records. If anyone is in the audience that would like to speak for or against the petition there will be a time for you to come forth and address that moment. If you would be so kind to sign in on the tablet in the middle of the aisle. We would appreciate that. Basically it is a question and answer period early on in the case followed up by comments by our professional associates within the town. When we open it up for public comment I will announce and then I would like the person speaking to condense their comments to 3 -5 minutes or less. At this time also if you would be so kind as to silence all your cell phones and beepers I would appreciate it.
OLD BUSINESS:
None
NEW BUSINESS:
Z3V-207 JOHN & JANE KUCIK, PETITIONER & OWNER, Located at 7802 East Lincolnway (Hobart mailing only) for a Variance from Sec. 21-77 (a)(3) to allow a second garage (detached) and to increase the size of detached garage from 864 square feet to 1200 square feet and Sec. 21-10(d) to allow height of proposed detached garage to exceed 17’ in an R-2, Single Family Residential Zone for a storage of personal items.
Mr. John Kucik, resides at 7802 East Lincolnway. I just want to get a variance to build a detached garage for my own personal storage. It will have 2 garage doors so that I can put my boat, trucks and mowers.
Chairman Sterley asked Mrs. Gregor to read the staff report.
Mrs. Gregor read her staff report.
Chairman Sterley asked if there are any questions from the commissioners.
Mr. Kennedy asked if he plans on paving the drive all the back.
Mr. Kucik said that he is going to concrete the driveway up to the house now and blacktop the rest of it.
Mr. Guip asked how big is the lot.
Mr. Kuick replied a little over an acre.
Chairman Sterley asked if he plans on having power.
Mr. Kucik replied just a few outlets back there and a couple of lights.
Mrs. Gregor replied so you will probably be running the service from the house to the garage. They can not have a separate service.
Mr. Kucik replied yes, there will be no separate service.
Chairman Sterley asked other than storage do you intend to do any business activities. That would most likely be a stipulation for approval.
Mr. Kucik replied that I know that. The same place that I lived next door…..
Chairman Sterley stated that where you live it is quite common to see out buildings. We have approved several over the last years especially when you are dealing with a lot such as this.
Mr. Kennedy asked if there has been any comments from the neighbors. Have they been notified?
Mr. Kucik states that the people behind me built a pole barn about 2 years ago.
Mr. Kennedy stated you are moving from next door. I drove by there today and you have currently not moved in yet.
Mr. Kucik replied no yet but I am just about ready to. I want to try to get this going.
Mr. Minchuk asked if he currently runs a business out of his home.
Mr. Kucik replied no I am a contractor but I work for another company full time forty hours a week so I don’t do too much other wise.
Mr. Kennedy asked if your structure is going to be like a pole barn or a house.
Mr. Kucik replied no it is going to match the house. It is going to have vinyl siding on it to match the house. I want to make it look just like the house.
Mrs. Gregor asked if he has determined how high this detached garage will be.
Mr. Kucik replied I figured out it is going to be about 17’ 3” or 4”. So it just goes above the 17 foot just a little bit.
Mrs. Gregor replied we were not sure of that. That is why we would file.
Mr. Kucik replied I can even get it below the 17’ if need be. I am just trying to match the house.
Mrs. Gregor said that since you are asking for this you might as well build something that you want. What will it be if you are matching the same roof line.
Mr. Kucik replied that it will be 17’ 4”.
Chairman Sterley replied but not to exceed 18’. Is there anyone in the audience that would like to come forth and speak on this petition? Are there any closing comments from commissioners?
Mr. Bower replied that if this is approved that to accept condition in the staff report along with Mr. Sterley suggestion that it not exceed 18’. Conditions that staff suggested was (1) for storage of owners personal property
Only (2) no business to be operated out of the accessory building (3) not to exceed 18’ in height. Can you live with all of those?
Mr. Kucik replied yes.
Chairman Sterley stated that if there is no further discussion I would be happy to entertain a motion.
Mr. Guip stated he moves for approval with the 3 conditions, 2nd by Mr. Minchuk.
Chairman Sterley asked for a roll call vote Mr. Stojakovich.
Mr. Minchuk aye, Mr. Guip aye, Mr. Sterley aye, Mr. Stojakovich aye and Mr. Kennedy aye.
Motion carries 5-0
Mrs. Gregor said that you can stop by the office for a permit.
Chairman Sterley stated that we have a letter of correspondence regarding the next 3 petitions which are all connected.
Mr. Stojakovich read the letter. The letter is from Attorney Richard Mostak requesting a deferral from February 28, 2007 to the March 28, 2007 meeting so that all the variances can be heard at the same time.
Z4V-207 FOCUS
OUTDOOR ADVERTISING, PETITIONER
GRAND TRUNK RAILROAD CO., OWNER, Located approximately 67th Avenue, East of I 65, north side of railroad tracks. For a Variance from Sec. 21-192(6)©(1) to reduce the spacing distance of advertising sing from 1320 feet to 900 feet in a C-3 Highway Commercial Zone to construct new advertising (billboard) sign.
Z5V-207 FOCUS OUTDOOR ADVERTISING , PETITIONER
GRAND TRUNK RAILROAD CO., OWNER, Located approximately 67th Avenue, East of I 65, north side of railroad tracks for a Variance from Sec 21-192 (a) (4) to increase the height of advertising sign from 55 feet to 67 feet in C-3 Highway Commercial Zone to construct new advertising (billboard) sign.
Z6V-207 FOCUS OUTDOOR ADVERTISING, PETITIONER
GRAND TRUNK RAILROAD CO., OWNER, Located approximately 67th Avenue, East of I 65, north
side of railroad tracks for a Variance from Sec. 21-192(6)(a)(1) to reduce the distance of advertising sign from 300 feet to 270 feet from Public Park ( Hidden Lake) in C-3, Highway Commercial Zone to construct a new advertising (billboard) sign.
Chairman Sterley asked if we have a motion on this.
Mr. Bower said that really the only thing that you need to do is you have to ask if anyone has been notified of the Public hearing that was scheduled today.
Mrs. Gregor replied that the Town of Merrillville was one party that was notified and the State Highway and some other trust. We received the cards back and one was returned.
Mr. Bower asked if that was undeliverable.
Mrs. Gregor said that was the one from the State of Indiana
Chairman Sterley asked if they have to re advertise that.
Mrs. Gregor stated that the next petition that they have will have to be advertised. The 3 that we have tonight have been advertised. They will have to apply for a 4th variance that will have to advertise. That is why they requested a deferral.
Mr. Bower suggested that maybe you should see if there is anyone here that would like to speak on this. I don think that there is.
Chairman Sterley asked if there is anyone in the audience that would like to speak for or against these petitions.
Not seeing any.
Mr. Guip asked if we are going to defer for 30 days or more.
Chairman Sterley said that we would schedule it for the next scheduled meeting.
Mrs. Gregor said they have applied for a 4th variance.
Mrs. Guip made a motion to defer the 3 petitions for 30 days so that they can get a 4th petition filed, 2nd by Mr. .Stojakovich.
Chairman Sterley said that we have a motion to defer by Mr. Guip and a 2nd by Mr. Stojakovich. All in favor please signify by saying aye.
Motion carries to defer.
Chairman Sterley stated that the next 2 petitions are companions and will be discussed together and voted on separately.
Z7V-207 JFB MERRILLVILLE LLC., PETITIONER & OWNER, Located 600 West 81st Avenue for a Variance from Sec. 21-15(a)(1) to add 6800 square foot addition to a non conforming building in a C-3, Highway Commercial Zone for a proposed commercial expansion.
Z8V-207 JFB MERRILLVILLE LLC., PETITIONER & OWNER, Located at 600 West 81st Avenue for a Variance from Sec. 21-172(14)y to reduce the parking space requirements from 129 spaces to 101 spaces in C-3, Highway Commercial Zone for a proposed commercial expansion.
Anthony Miroballi at 600 West 81st Avenue. I have with me tonight Dan Miroballi of 600 West 81st Avenue and Bill Samples also 600 West 81st Avenue. First I would like to give you presentation on the existing property that we have now. The property is 1.65 acres that has a 1900 square feet building on it. What we are proposing for a variance is to expand the existing building on the West end of the property. The new property that we are proposing hopefully in the future is this property (picture). There will be more green space and more trees and vegetation through the parking lot.
Chairman Sterley asked if there are any new tenants in mind.
Mr.Miroballi replied not at this time.
Chairman Sterley asked if your present tenants need the greater space.
Mr. Maroballi stated that we have been approached by the Salvation Army for additional space. With the addition to the building we are adjusting the parking lots to accommodate the additional tenants. Right now what exist are the 2 entrances to the property. What we are planning on doing is eliminating 1 entrance and just has 1 main entrance into the center of the property. We will increase the size of the parking to accommodate that.
Chairman Sterley asked if either of the other gentleman have anything to say
Mr. Samples stated that the existing parking lot and the square footage per space doesn’t change so we are actually adding more parking spaces at the same ratio.
Chairman Sterley asked Mrs. Gregor to read the staff report then we will get back to the exact number of spaces.
Mrs. Gregor read her staff report. I did have one question on your eastern boundaries and you are not showing the 10’ green space. Is that going to be included or
Mr. Miroballi stated that right know there is a …..
Mrs. Gregor replied that this is a non conforming building and also does not meet rear set backs.
Chairman Sterley stated that during your busiest period has your lot ever been full.
Mr. Miroballi replied that I have been there on Saturdays and have been there quite of few other times. There is no more than 30 cars there. Usually there is only 20 or 25 cars on an average.
Chairman Sterley stated that he does not recall, as many times as we are on Route 30, I don’t recall ever being at capacity. That is certainly an issue is it full….Do you have ample parking spaces per code.
Mr. Samples replied that we will not rent to medical or professional uses.
Chairman Sterley said that was obiviously our next question. If you do that then that would really put us into a quandary. I think that with your additional tenant would be consistent with your current tenant you should be ok.
Another question that I had, your adjacent businesses do those parking lots merge at all.
Mrs. Gregor replied that there is a frontage road.
Chairman Sterley said that I am just wondering if the need ever comes that one of the customers can park in perhaps another location.
Mr. Miroballi replied that on the east side of the building that is basically vacant empty parking lot that is black topped and nothing has ever been there.
Chairman Sterley asked if there is no intention of making that a green space.
Mr. Miroballi replied that is not an option. That belongs to Brown’s Chicken.
Mr. Kennedy stated that you had said there would not be any medical…..
Mr. Miroballi replied no medical or restaurants.
Mr. Guip asked what other business would effect the parking.
Mrs. Gregor replied only medical or restaurants.
Chairman Sterley asked if there are any other comments.
Mr. Kennedy asked if you are doing away with the loading dock. I don’t know if that loading dock is used or not. When I went by there today it was just a big dumpster there.
Chairman Sterley asked if there is anyone in the audience that would like to speak for or against this case. Seeing none.
Mr. Guip said that he would like for Mr. Bower to comment on this.
Mr. Bower said that Mrs. Gregor suggested that, and I agree with her, if this is approved are you willing to sign a zoning commitment that there will be no medical office or restaurant located on the property. The other comment is I like any plan that has some trees in the parking lot. It is almost having 4 or 5 fewer parking spaces and has some vegetation there. I would even suggest that the trees that they are showing in here be part of the condition of the approval because…We need to alert you that Mrs. Gregor and Mr. Fink have been looking at all these issues to address all of our parking design to try to make it more attractive and less big box stores. Just let me point out one parking lot that is worst than you can imagine. The K Mart parking lot just look at how bad ecstatically that is. It is so huge and is never ever full and how much nicer it would if there was a dozen trees and some break up.
Mrs. Gregor replied Mr. Fink and I are working on changing that portion of the ordinance to stipulate that there will be more landscape added into the parking lots.
Mr. Miroballi replied some kind of landscaping.
Mr. Minchuk asked if you are also going to redo the parking lot because it looks pretty bad.
Mr. Bower stated that when you start to get in to this thing. Go over to the Boulevard in Highland and Main Street. Look at the Southeast corner there is a strip mall and a little parking lot. Drive in there where there is a Starbucks. Drive into that little strip mall if you guys drive into there that is bad and you will get the flavor if you do not have adequate spacing for parking. It is just a total…..
Mr. Minchuk stated that he has been there and you can not even back out of your parking. The one that you are talking about has a Quizno’s and Starbucks. There are so many restaurants in a row.
Mr. Bower said that you are showing 10 trees in here is that correct.
Mr. Miroballi replied that is correct. There will be more vegetation around the front of the building.
Mr. Bower replied as least 10 trees.
Mr. Miroballi replied yes at least 10 trees.
Mr. Stojakovich asked if you have any plans on signage.
Mr. Miroballi replied there is an existing sign already out there. We will refurbish it to accommodate the new tenants.
Mr. Minchuk asked not a flashing sign or anything like that.
Mr. Kennedy asked if there are specific requirements for lighting for this the parking lot.
Mrs. Gregor replied that we have codes that take care of that.
Chairman Sterley asked if there are any further comments from the panel.
Mr. Minchuk made a motion to approve Z7V-207 with the conditions, 2nd by Mr. Guip.
Mr. Bower replied if you guys will sign the zoning commitment and no medical offices or restaurants located in your business center (2) landscaping per drawing (3) landscape native to area suggested by Mr. Fink. My suggestion to the board within the next few months is we have an opportunity for presentation from professionals on this. It helps the storm water, beautification and helps the value of the property.
Mr. Fink replied when you use the native plants to the area it decreases the maintenance that you need, decreases the need for water and native landscaping is much easier.
Chairman Sterley asked Mr. Minchuk if we can add those conditions to your motion and specifically I would like to site them again. (1) Zoning commitment to prevent Medical or Restaurants there (2) landscaping that is indigenous to our area if you would add that to this motion. We have a motion from Mr. Minchuk and 2nd by Mr. Guip. Are there any closing comments. Hearing none. Roll call votes Mr. Stojakovich.
Mr. Minchuk aye, Mr. Guip aye, Mr. Sterley aye, Mr. Stojakovich aye and Mr. Kennedy aye.
Motion carries 5-0
Mr. Guip stated that he would like to move to approve Z8V-207, with the attached conditions.
Chairman Sterley stated that we have a motion to approve Z8V-207 with the attached condition. Do we have a second?
Mr. Kennedy asked to remind them of the 2 conditions.
Chairman Sterley stated the zoning commitment and the green space requirements. We have a piggy back variance here. It is actually 2 cases. We approved the first and now we are in the process of doing the same for the 2nd. We have a motion and was it seconded…
Mr. Stojakovich replied that he would like to 2nd that motion.
Chairman Sterley stated that we have a 2nd by Mr. Stojakovich, do we have any comments. Roll call vote please..
Mr. Minchuk aye, Mr. Guip aye, Mr. Sterley aye, Mr. Stojakovich aye, and Mr. Kennedy aye.
Motion carries 5-0
Mr. Bower asked you if you are going to have 106 parking spaces not 101.
Mr. Miroballi replied 106.
Z9uV-207 DON
MANNING, PETITIONER
BARRY POLL, OWNER, Located at 2409 West Lincoln Highway for a Variance of approval for outdoor display in a C-3 Highway Commercial Zone (Great Escape) for display of seasonal outdoor products.
Z10V-207 DON
MANNING, PETITIONER
BARRY POLL, OWNER, located at 2409 West Lincoln Highway for a Variance from Sec. 21-172 (14) to reduce the parking space requirement from 126 spaces to 122 spaces in C-3 Highway Commercial Zone for a proposed display of seasonal outdoor products.
Mr. Don Manning, resides at 300 West Armory Drive, South Holland, Ill. If I could just start out with a little background on the Great Escape stores. Merrillville is one of the best performing stores that we have in the company. We have 18 stores that operate out of the Chicago area. We do have stores in the Iowa, Ohio markets. We are really made of 2 products. One being the indoor products and one being the outdoor products. The outdoor products are made up of swimming pools, Jacuzzi’s, spas. We are also introducing basketball goals and playground equipment. We sell some of the top names. Indoor we have home theatre’s, billiard tables, etc. So it is a really exciting store and we plan to remodel. For outdoor sales we currently have 4 stores in Illinois all ranging from 5,000 to 14,000 square feet for outdoor. Merrillville has been very successful for us. We would like to take outdoor items outside because of low ceilings conditions. It is difficult for the basketball goals and playground items as well. Also for maintaining pools with the chlorine and sometimes the pool will leak on to the floor. We proposed that the exterior displays be about 9800 square feet. It will require a small reduction in parking spaces. It is not like Wal-Mart it compares more to a furniture store. So if I could just show you the pictures as to where our building sits and the parking lot. If it were striped you would probably have 130 spaces. There is a small section that is over grown in the rear that would provide more spaces. The area that you see in the rendering will have a 72” high with a nice decorated aluminum fence. We will have walkways for customers. The area is only accessible from inside the store so we open up a doorway so you just can not walk up to the pools. We do sell a couple of semi in ground models.
Chairman Sterley asked Mrs. Gregor to read the staff report.
Mrs. Gregor read the staff report.
Chairman Sterley asked if there are any questions.
Mr. Guip asked about parking in the rear of the building. Will that be used for employees parking? The 11 spaces and are you going to in improve the parking lot and lighting is also a concern.
Mrs. Gregor asked how are you to access that fenced in area if it is through the building. My concern is the safety of kids that may go out in that area. Will it be patrolled by an employee so that kids can not get into the pools?
Mr. Manning replied that there would be a sign that no children are allowed in that area unless they are 18 years of age or older without a parent. Also there are 42” fences that go around them.
Mrs. Gregor replied that our pool fencing requirement is for a 5’ high.
Mr. Manning replied that it will be well staffed.
Mr. Minchuk asked about after hours. We do have some juveniles and other people that would like to take a nice dip on a hot day and climb over the fence. Are you going to have any type of security for this area?
Mr. Manning replied we have motion detections lighting on the outside. So if you go by the fence it lights up.
Mr. Minchuk replied so when it lights up is there an alarm system that contacts the police?
Chairman Sterley asked at your other stores do you have your pool displays on the exterior as you would like to do here.
Mr. Manning replied yes except in Shamburg it is in the back of the store.
Mr. Minchuk replied that at 3:00 am around here and adjoining communities people are going home from being out that are intoxicated that would probably like to take a dip and are really pretty brave. I am worried about the security and the kids after words since there is no curfew going out and jumping in the pool. I know that the lights will come on but then again does that mean someone will call the police.
Mr. Manning replied it is a motion alarm system ……..Fortunately we have had no problems so far.
Mrs. Gregor replied that we don’t want Merrillville to be the first.
Chairman Sterley replied American Sales your competitor had every thing in the back. It was a set up if you want to franchise these pools to the limit to have to do it this way. Again their area is fenced off you just don’t see it. Is there anyone in the audience that would like to speak for or against this petition?
Mr. Kennedy replied I do have another question. Looking at this proposed site plan do you have 122 parking spaces including the back? Basically 10,000 square feet of retail space is taking away some of your parking spaces. I understand that it is more like a furniture store than a K Mart or Wal-Mart.
Chairman Sterley asked if the above ground pools are removed at the end of the year or do you leave them.
Mr. Manning replied we try to sell them all off along with the playground equipment.
Chairman Sterley replied so the off season that area would be fairly open.
Mrs. Gregor stated that the staff discussed at the workshop the trailer that was parked and needed to be removed from the site.
Mr. Manning stated that a trailer parked for extra storage can be removed. It is a challenge in a store this size. The outdoor area would help.
Chairman Sterley asked if there are any further comments. If not I would like to entertain a motion.
Mrs. Guip asked Mr. Bower about the conditions. Parking light lighting, 10’ green space, improve parking and striping of lot, gravel in rear for employee parking or is that going to be paved.
Chairman Sterley stated so you intend to restore the 11 spaces.
Mr. Guip said that Mr. Minchuk is concerned about the area after hours. Will a security camera be enough?
Mr. Minchuk replied you don’t have to have security cameras. I am looking for some kind of alert. You have a store alarm right…. Could you look into having them come out and check into putting an activation alarm on the outside so in case somebody would jump the fence and the light will come on and the alarm will activate the alarm company to tell the police department that some one is in there? That is what I am asking…..As far as a camera I don’t see a need for them but I do for the alarm system. Just attach him somewhere out there and only have it in service during the season that you have the pools out there and the equipment for the kids to play on. That is really the only time that I would be interested in having it there.
Chairman Sterley stated so I am only looking at those 3 conditions. (1) The striping of the parking lot and lighting (2) some sort of an alarm system or alert in the display area (3) some native landscaping (greenery) if at all possible Are there any other conditions that come to mind.
Mr. Kennedy replied no outdoor storage.
Chairman Sterley said that is not a bad idea because since there was a storage container there before. We would like to eliminate that all together. No outdoor storage. Do we have a motion?
Mr. Guip stated that I will make a motion with the 4 conditions I believe, 2nd by Mr. Minchuk.
Chairman Sterley asked if there are any closing comments. Roll call vote Mr. Stojakovich.
Mr. Minchuk aye, Mr. Guip aye, Mr. Sterley aye, Mr. Stojakovich aye and Mr. Kennedy aye.
Motion carries 5-0
Mr. Guip replied that this is only for the variance of use. We have another one.
Mr. Guip said that he would make a motion on Z10V-207 for a Variance to reduce the parking spaces, 2nd by Mr. Stojakovich with the conditions to reduce the parking space only by 4.
Chairman Sterley stated that we have a motion by Mr. Guip, 2nd by Mr. Stojakovich concerning the reduction of the parking spaces. Any comments.
Mr. Bower said that is with the understanding that he is cleaning up the 8 or 9 places in the back.
Chairman Sterley said that was a condition on the first petition and the same conditions would apply on the 2nd petition. Roll call vote please.
Mr. Minchuk aye, Mr. Guip aye, Mr. Sterley aye, Mr. Stojakovich aye and Mr. Kennedy aye.
Motion carries 5-0
Chairman Sterley said that you will have to appear before the council.
Z11E2-207 ARNELL
ROBINSON, PETITIONER
LAZERWITZ MANAGEMENT, OWNER, Located at 5450 Broadway for a Special Exception approval in C-2, Community Commercial Zone for an amusement establishment to be located in a Barber Shop/Hair Salon for customers (Mighty Sharp).
Mr. Arnell Robinson I have a Barber shop/Hair Salon and I was hoping to get a pool table and billiards games in my barber shop. It would be for customers only, no loitering. I have 3000 square feet in the building and 17 seats in the waiting area. No one can come in for just the videos games and just hang around. It is strictly for customers only.
Chairman Sterley asked if you have like a waiting list. I know that you have 4 beauticians.
Mr. Robinson replied that we have a waiting list but we are supposed to do appointments only. But I have a waiting list made up as a sign in sheet. They have a place for children or parents waiting for there kids or parents to have their hair done.
Mr. Kennedy asked if you are charging for the pool tables.
Mr. Robinson replied at first I was charging for the pool table and I did not know that I couldn’t have one
Mr. Guip asked how much seating are you going to have in that waiting area.
Mr. Robinson replied 10 chairs.
Mr. Kennedy asked if the north police station is still open.
Mr. Minchuk replied yes it is but it is staffed by civilians only.
Mr. Robinson replied that he has Luther, who is a Merrillville Police officer, as a customer.
Mr. Guip stated that you are going to close at 6:30 PM
Mr. Robinson replied that sometimes someone comes in and it runs over.
Mr. Guip asked how long are you going to be open.
Mr. Robinson replied 8:30 AM to 6:30 PM.
Mr. Guip said and then on Sunday’s till 5:30PM.
Mr. Minchuk asked if the police officers are customers or you have hired them for security.
Mr. Robinson replied customers. I have one customer that does security. His name is Luther and he comes around.
Mr. Minchuk replied that I know Luther very well. Luther Cuttino is one of our Merrillville police officers. He is actual security there.
Mr. Robinson replied that he is part time.
Mr. Rodger Merritt, Lazerwitz Management/ Broadway Plaza. Luther is one of my residences in my building and I pay him to do security. We had a rash of incidents in that area. Since the first of the year I have been paying him to do patrols. When I rented this space to Mr. Robinson he had a current location in Miller right off of Rt 20. At that time he had a pool table and video games. I contacted the owner of the property in Miller to see if they had any problems. Nothing came up from there. He also has a police customer list and it is growing. Now that I am paying Luther to cruise that property plus we also have some other on site patrols on that property we have had nothing at all. The owner is definitely behind us. It seems to be very good for the community.
Mr. Minchuk asked if there is any way we can get information from Luther if he is the security there.
Mr. Merritt replied I can get that for you. He does an activity report for me and turns it in every pay period so I can give you copies of that if you want.
Mrs. Gregor replied that this will have to go in front of the Town Council.
Mr. Merritt replied that is no trouble because Luther turns in a report every 2 weeks.
Mr. Minchuk said that is ok I just wanted to make sure there is security.
Chairman Sterley asked Mrs. Gregor to read the staff report.
Mrs. Gregor read the staff report.
Mr. Robinson stated that he opened New Years day.
Mr. Minchuk said other than the security I don’t have any questions.
Mr. Guip asked if Mr. Bower had any comments.
Mr. Bower replied that he has no input.
Chairman Sterley asked if there is anyone in the audience that would like to speak for or against this petition.
Mr. Godfrey Cogelja resides at 5461 Adams Street. I have no objection but I do have one question. I just did not know what amusement equipment meant. If that is limited to T.V or pool tables, games I have no problem with that. I was concerned that it might be something with loud music or kids coming in from other areas. If it is limited to the patrons I have no problems.
Mrs. Gregor replied that she has a newspaper clipping from Valparaiso establishment that is similar to this establishment. I think that this is a new concept up and coming. Some times it takes longer to do some clients hair than others. So when they bring in their children with them they are occupied. The customers that are waiting for the next chair to be available have that opportunity to use the equipment. However in barber shops there are always televisions available.
Mr. Minchuk stated that it was just the loitering that I was concerned about.
Mr. Bower said still my comment on that is if you can shut this thing down by 6:30PM to avoid a hang out.
Mr. Robinson said that there will be no gangs.
Mrs. Gregor stated so the last customer will be at 6:00PM.
Mr. Kennedy asked how much time are you on the premises.
Mr. Robinson replied 8:30am to 6:30PM.
Mr. Kennedy said so you are there all the time. There won’t be any gambling on the pool games.
Chairman Sterley said when I first read this petition I wasn’t sure how to interpret. I guess I am a little old fashion I just go in and get my hair cut and the wait is no more that 10 or 15 minutes. Mrs. Gregor indicated that this is a way of the future so…
Mr. Guip asked Mr. Bower if there are any conditions that should be attached to this petition.
Mr. Bower replied I don’t know what to suggest on this. What I would really like to see is if you approve this to see him back here in 6 months to see if there are any police reports on there. To see if there were any incidence in the parking lot because we don’t want to approve something and create a problem.
Mr. Kennedy said to you are saying that it would be like a temporary special exception.
Chairman Sterley said if you don’t mind coming back we could have a review in 6 months to see how things are going. I don’t think that you have to actually appear before us but unless….
Mrs. Gregor replied that we would place him under other business not has something that you would have to file.
Mr. Bower replied I don’t know what else …….
Mr. Guip replied I was thinking the same thing what else is there.
Mr. Bower replied I know that you gave him the sign.
Mrs. Gregor stated that we have done that in the past.
Mrs. Gregor replied once again they are going to go in front of the Town Council and they may add more stipulations.
Mr. Bower said that he things that it is also important that the Plan commission have the scheduled hours are locked in before going to the Town Council. What you don’t want to is that the barber shop is open at 11:00PM.
Mr. Robinson replied that sometimes it takes me longer but the doors are locked at 6:30PM.
Mr. Bower said that when you go to the Town council you need to tell them that because they will probably make that one of the conditions that you lock the doors at 6:30PM so there will be no incoming business.
Mr. Ken Coopwood resides at 5583 Washington Street. I visited Arnell’s shop. My son and I noticed that there is a nice waiting room. I thought that the setup was professional and neat. It was very family orientated. That was something that I look for in a barber shop. I went in and so the empty space and I said what are you going to do with that empty space. He replied that he had some ordinance problems and I said why. He spoke the idea that it might present loitering and those types of things. My thoughts are these I am an educator at IUN (Indiana University Northwest). There is one thing for pleasure and the orientation for family values. I would suggest that they have badges for customers to use the pool tables for 12 years and older. The younger kids could watch television while they are waiting. I told him that I support it so there is something to do while they are waiting. The business is something to support family. I thank you for the opportunity for him to fulfill his dreams.
Mrs. Gregor replied once again these issues will be caught at an earlier stage when we review the business license application. If Mr. Robinson would have places on his application not only was he going to be a barber shop/hair salon but if he would have stated that he was going to provide pool tables, etc. We are going require a proposed plan or layout of what there establishment would consider and we would be able to catch those errors in the beginning. Then if they want to proceed with additional items and not be in violation.
Mr. Kennedy stated that it is nice to see somebody starting a new business on the north end of town. There is a lot of development on the south end of town.
Mr. Bower stated don’t forget about locking the doors at 6:30PM.
Mrs. Gregor replied also that there is not going to be any loud music or bands.
Mr. Robinson replied no riffraf it will be a professional barber shop.
Mr. Bower stated that I thing that a review in 6 months would be good.
Chairman Sterley said that should be a stipulation.
Mr. Guip made a motion to approve Z11E2-207 with 2 conditions (1) Maintain schedules hours, (2) review in 6 months, 2nd by Mr. Kennedy.
Chairman Sterley said we have a motion from Mr. Guip and a 2nd by Mr. Kennedy with the above mentioned conditions. Roll call vote please.
Mr. Minchuk aye, Mr. Guip aye, Mr. Sterley aye, Mr. Stojakovich aye and Mr. Kennedy aye
Motion carries 5-0.
Chairman Sterley asked if have any other comments. If not I will entertain a motion to adjourn.
Mr. Guip made a motion to adjourn, 2nd by Mr. Minchuk.
Voice vote was unanimous
Meeting adjourned at 8:15PM
Respectfully Submitted:
Janet Rosko, Recording Secretary