CALLED TO ORDER:  5:30 pm

PRESENT: Amy Zott, Bill Goulding, Edna Miller Bill Fell, Dan Snyder and Ron Patla.
Absent: None.
Excused: None.

MOTION: The minutes of June 19, 2007 were approved on a motion by Ron Patla, seconded by Edna Miller, with correction.

CITIZEN COMMENTS: None.

APPEAL: By Gerald and Veronica Meinen on behalf of the property owner regarding the property located at 381 W. Market Street for a variance from Section 315-48M of the zoning ordinance, which states that a single row and aisle of 90-degree parking spaces needs to be a minimum of 45 feet in width. The property owner is requesting a variance of approximately 17 feet due to the short lot depth.

RULING: This appeal had been granted at the Zoning Board of Appeals hearing on June 19a' on the condition that the notice of the hearing had been properly posted. As the notices have now been properly posted and as no one appeared opposed to the variance request, the variance was granted on a motion by Bill Goulding, seconded by Amy Zott, Dan Snyder abstaining.

APPEAL: By Plymouth Children's Center regarding the property located at 148 E. State Street for a variance from Section 315-54C (1) of the zoning ordinance, which states accessory structures are permitted in the rear yard only. The applicant is requesting a variance to allow for an accessory structure to be placed in the front yard.

Appearing in favor of the variance request was Patti O'Brien 148 E. State Street Burlington, and no one appeared opposed to the variance request. The City, in the presence of Zoning Administrator Pat Scherrer, was not opposed to granting the variance.

RULING: As the property had no rear or side yards and the existing structure was well back from the street, a motion to allow for a storage shed not to exceed 8'X10' and placed not less than 3 feet from the side lot line at the southwest corner of the play ground and shown as option #2 on the submitted diagram was made by Bill Goulding, seconded by Edna Miller was past unanimously.

APPEAL: By Douglas Lois regarding the property located at 385 W. Market Street for a variance from Section 315-48(B), (E) and (G) of the zoning ordinance, which state in part that off street parking and loading areas shall be paved, all off street parking areas serving five or more vehicles shall have all parking stalls permanently marked by painted lines and the parking spaces be at least 9 feet in width and 180 square feet in area.

Appearing opposed to the variance request was Mark Starzyk 408 N. Pine Street Burlington, John McCoy W. Market Street and no one appeared in favor of the variance request. The City, in the presence of Zoning Administrator Pat Scherrer and City Attorney Thomas Kircher, was opposed to granting the variance.

DISCUSSION: It was noted that the Plan Commission had given its approval and the Zoning Board had granted the necessary variances for the project in 2005. The property owner was requesting a delay paving the parking lot until Market Street is opened by utilities work and the street is repaved. John McCoy stated that Building was being used for more than its approved purpose and that the property owner should be required to adhere to the required zoning as well as other city ordinances. Mark Starzyk stated that he had invested a substantial amount in making improvements to his property on Market Street and therefore Mr. Lois should be required to make the required improvements that he had agreed to.

RULING: As letters from We-Energies and the City Department of Public Works were submitted that stated that there are no plans for any upgrades along this route within the next 3 years. As Mr. Lois in presenting his plans before the Plan Commission and in request the initial variance effectively entered into an agreement with the city to perform the stated improvements. As Mr. Lois failed to appear at this hearing and as no evidence was presented to support the granting of a variance. A motion to deny the variance request was made by Dan Snyder, seconded by Edna Miller, and was passed unanimously.

ADJOURNMENT: On a motion by Edna Miller, seconded by Ron Patla, the meeting was adjourned at 6:15 pm on Tuesday July 24, 2007