4. New Items: Hear the appeal of Phil and Michael Massinople of ACM Realty for 4048 Parkmead Dr., (Parcel # 040-007778) for a variance to Section (Table) 1135.12: To reduce the required building setback for a commercial building next to a residential district, from sixty feet (60’) to six feet (6’).

Feb 24, 2025 Board of Zoning Appeals

1. Call to order and roll call.

3. Approve the minutes from the January 27 meeting of the Board of Zoning Appeals.

4. New Items: Hear the appeal of Phil and Michael Massinople of ACM Realty for 4048 Parkmead Dr., (Parcel # 040-007778) for a variance to Section (Table) 1135.12: To reduce the required building setback for a commercial building next to a residential district, from sixty feet (60’) to six feet (6’).

5. New business

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[00:00:02]

AND LET'S START WITH A ROLL CALL. CHAIR HELLINGA HERE. MR. BRANDT. HERE. TONY HORNE. YES.

OKAY. WE'VE GOT A QUORUM. AND LET'S STAND AND FACE THE FLAG AND HAVE A MOMENT OF SILENCE AND THE PLEDGE OF ALLEGIANCE. THANK YOU. I PLEDGE ALLEGIANCE, ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA. AND TO THE REPUBLIC FOR WHICH IT STANDS. ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY AND JUSTICE FOR ALL. THANK YOU. LET'S ANYONE THAT WISHES TO SPEAK HAS SIGNED IN. AND IF YOU WISH TO SPEAK, IF YOU WOULD STAND, RAISE YOUR RIGHT HAND, AND WE'LL HAVE MISS SCOTT SWEAR YOU IN. SOLEMNLY SWEAR OR AFFIRM THAT THE TESTIMONY YOU'RE ABOUT TO GIVE IS TRUE AND CORRECT. GOOD. THANK YOU. GREAT. THANK YOU. AND THEN IF DO I HAVE A

[3. Approve the minutes from the January 27 meeting of the Board of Zoning Appeals.]

MOTION TO APPROVE THE MINUTES FROM THE JANUARY 27TH MEETING? SO MOVED. I HAVE A SECOND. I'LL SECOND. ALL THOSE IN. MR. BRANDT? YES. CHAIR HELLINGA. I WASN'T HERE. YOU CAN STILL VOTE.

OKAY. I APPROVE, MR. HAAN. YES. OKAY. AND THE NEXT ORDER OF BUSINESS. A NEW ITEM IS TO HEAR

[4. New Items: Hear the appeal of Phil and Michael Massinople of ACM Realty for 4048 Parkmead Dr., (Parcel # 040-007778) for a variance to Section (Table) 1135.12: To reduce the required building setback for a commercial building next to a residential district, from sixty feet (60’) to six feet (6’).]

THE APPEAL OF PHIL AND MICHAEL MASON. IS THAT CORRECT? OKAY. OF A C M REALTY FOR 4048 PARK MEAD DRIVE. PARCEL NUMBER 040007778. FOR A VARIANCE TO SECTION TABLE 1135 .12. TO REDUCE THE REQUIRED BUILDING SETBACK FOR COMMERCIAL BUILDING NEXT TO A RESIDENTIAL DISTRICT FROM 60FT TO 6FT. IS THERE ANYONE HERE THAT WANTS TO EXPLAIN THE REASON FOR THE ZONING APPEAL? I CAN JUST TALK A LITTLE HISTORY ABOUT IT. OKAY, SURE. THAT'S GREAT. IF YOU WANT. OKAY. WE'VE GOT COPIES OF THIS.

OH, WE GOT THAT COPIES. WE BOUGHT THIS LAND INITIALLY IN 1992. SURE. YEAH. THERE'S A AT THE PODIUM THERE. RIGHT THERE. YEAH. WE BOUGHT THE LAND INITIALLY IN 1992, AND THAT SAME YEAR WE CONSTRUCTED A 10,000 SQUARE FOOT BUILDING FOR THE POWER SHACK GYM. IN 98, WE ADDED ANOTHER CURB CUT ON ADJACENT LAND AND ADDITIONAL PARKING. IN 2008, WE ADDED APPROXIMATELY ANOTHER 8000FT■!S FOR FIVE COMMERCIAL RENTAL BAYS. AND WE STILL HAVE A PARCEL ON THE NORTH END. WE DIDN'T CONTINUE THE EXPANSION AT THAT TIME BECAUSE IT WAS A SANITARY EASEMENT RIGHT AT THE END OF THE SECOND EDITION. SO AT THIS POINT, WE'D LIKE TO ADD FINISH THAT DEVELOPMENT AND ADD THREE COMMERCIAL BAYS THERE, AND THERE'LL BE 18 ADDITIONAL PARKING SPOTS. AND OUR RATIONALE TO HAVE THE VARIANCE WAS THIS BUILDING BEHIND US. IT'S LIKE A STORAGE BUILDING THAT WAS THAT WAS CONSTRUCTED AFTER WE BUILT THE PROPERTY, AFTER WE OWNED THE PROPERTY. WE THOUGHT IT'D BE REASONABLE TO ALLOW THE SAME TYPE OF SETBACKS THAT WE HAVE ON THE EXISTING BUILDINGS. MY SON MICHAEL IS GOING TO TALK ABOUT SOME OTHER ITEMS ON THERE. OKAY.

DO YOU HAVE ANY QUESTIONS BEFORE I GO FORWARD? NO, NOT AT THIS TIME. SO I WAS JUST GOING TO GO THROUGH THE QUESTIONS ON THE, THE, THE APPLICATION. SO YEAH, THE YEAH WE'VE ALL READ THROUGH THOSE. YEAH. AND MOVING IT FROM 6FT TO 60FT. WE DON'T FEEL THAT IT GOES AGAINST THE SPIRIT OF THE ZONING CODE OR THAT WITH THAT, NOT NO ONE LIVING IN THAT RESIDENTIAL ZONED PROPERTY. AND IT KEEPS WITH PRECEDENT FOR THE CURRENT RESIDENT FOR THE CURRENT COMMERCIAL PROPERTY THERE. SO. I DON'T HAVE ANY QUESTIONS. MR. HAHN, DO YOU HAVE ANY QUESTIONS? I'M REAL FAMILIAR WITH THE PROPERTY. YEAH. I DO HAVE A COUPLE QUESTIONS, THOUGH. NUMBER ONE, I WANT TO ASK LAURA OR JUST GET IT INTO THE RECORD. RIGHT. LAURA HANDED OUT A COPY OF CONCERN THAT WAS SENT TO US BY

[00:05:02]

ONE OF THE ADJOINING PROPERTY OWNERS. AND WHAT I WANT TO GET INTO THE RECORD IS THAT THE BOARD OF ZONING APPEALS DOES NOT HAVE JURISDICTION OVER THAT ITEM, WHICH REALLY DEALS WITH THE PARKING SITUATION THERE. AND FROM WHAT LAURA TELLS US, THAT WILL BE DEALT WITH BY THE PLANNING COMMISSION WHENEVER IT YOUR PROJECT IS TAKING THEM FOR DEVELOPMENT. BUT I THINK IT'S BEST THAT WE GET THIS INTO THE RECORD. SO I WOULD ASK THAT THIS ITEM BE ENTERED AS AN EXHIBIT.

OKAY. AND AS A POINT OF INFORMATION, IF YOU'D LIKE, I COULD READ THIS. THIS WAS RECEIVED FROM MELISSA MCCARTHY THIS AFTERNOON AT 326. I'M NOT ABLE TO ATTEND THE MEETING TODAY, BUT SEVERAL TENANTS AND CUSTOMERS OF THE PARK DRIVE AREA ARE CONCERNED OVER THE LACK OF PARKING THAT ALREADY EXISTS, AND ADDITIONAL RETAIL SPACE WILL MAKE THE PROBLEM WORSE. PLEASE HAVE A PHIL ADDRESS. HOW HE PLANS TO TAKE CARE OF THE LACK OF PARKING. I AM INCLUDING A VIDEO THAT WAS TAKEN 6 P.M. TUESDAY. PLEASE NOTE THAT THREE BUSINESSES WERE ALREADY CLOSED.

THE DAYTIME HOURS ARE MUCH WORSE. SO I'M JUST READING IT. WE HAVE NO JURISDICTION OVER THAT OR WHATEVER. JUST SO YOU KNOW ABOUT THAT. SO THAT WOULD BE THAT WOULD BE HANDLED WHEN YOU GO TO THE. GO TO THE DEVELOPMENT COMMITTEE WITH YOUR DEVELOPMENT PLAN. WERE THERE ANY OTHER COMMENTS FROM ANY OF THE ADJACENT PROPERTIES? LAURA. NO, SIR. OKAY. SO PENDING OUR APPROVAL, THERE ARE THREE APPROVAL STIPULATIONS THAT WE WOULD LIKE TO ENTER IN AND MAKE SURE THAT YOU'RE OKAY WITH THESE. NUMBER ONE, THAT THE VARIANCE IS CONTINGENT UPON THE APPROVAL OF THE DEVELOPMENT PLAN. NUMBER ONE. NUMBER TWO, THAT THE BUILDING MAY NOT ENCROACH OF THE FLOOD PLAIN AND THAT NO FILL BE PLACED IN THE FLOODPLAIN. AND NUMBER THREE, THAT THE VARIANCE IS GOOD FOR ONLY 12 MONTHS, DURING WHICH TIME THE APPLICANT SHALL APPLY FOR THE DEVELOPMENT PLAN APPROVAL. SO ARE YOU OKAY WITH THOSE THREE STIPULATIONS? OKAY.

SO IF THERE'S NO OTHER DISCUSSION, ANY DISCUSSION. OKAY. HAVE ONE QUESTION. SO YOU'RE SAYING IN 92 YOU'RE ORIGINALLY WERE GOING TO DO A 10,000 SQUARE FOOT BUILDING. IT WAS PURCHASED IN 9292. YEAH. JUST THE POWER SHACK. JUST THE POWER SHACK AREA OKAY. AND YOU ADDED THE NEXT 5 IN 2007? YEAH. OKAY. AND IT LOOKS LIKE THIS HERE IS ACTUALLY GOING TO BE. AT CITY HALL. WE FIVE, 5000 SQUARE FOOT FOR 4500. EACH ONE'S ABOUT 1500 SQUARE FEET. YEAH. THAT'S THE THREE SPACES. ABOUT 4500FT■. OKAY. OKAY. YEAH, I JUST WAS WHEN YOU FIRST READ IT, ABOUT THE SETBACK, ABOUT HOW MUCH LAND, YOU KNOW, THAT HOW DRASTIC THAT IS. YOU'RE KIND OF LIKE, WOW. YEAH. BUT THEN WHEN YOU GO AND YOU LOOK AT THE PROPERTY AND YOU SEE WHAT WHAT YOU'RE WORKING WITH. YEAH, YOU KIND OF UNDERSTAND A LITTLE BIT MORE ABOUT IT. YEAH. OKAY. OKAY. ANY OTHER ANY OTHER QUESTIONS? NO, I HAVE NO OTHER QUESTIONS. SO IF THERE ARE NO OTHER QUESTIONS, I'D LIKE TO MAKE A MOTION TO APPROVE THE APPEAL OF PHIL AND MICHAEL. MASTER POLL OF A C.M.

REALTY FOR 4048 PARK DRIVE. PARCEL NUMBER 040007778. FOR A VARIANCE TO SECTION TABLE 1135 .12. TO REDUCE THE REQUIRED BUILDING SETBACK FOR COMMERCIAL BUILDING NEXT TO RESIDENTIAL DISTRICT FROM 60FT TO 6FT. UNDERSTANDING THAT THERE ARE THREE. RECOMMENDED STIPULATIONS TO APPROVE THIS. AND NUMBER ONE IS THE VARIANCE TO CONTINGENT UPON THE APPROVAL OF DEVELOPMENT PLAN NUMBER TWO, THAT THE BUILDING NOT ENCROACH THE FLOOD PLAIN AND NO FILL BE PLACED IN THE FLOODPLAIN. AND NUMBER THREE THAT THE VARIANCE IS GOOD FOR 12 MONTHS, DURING WHICH TIME THE APPLICANT SHALL APPLY FOR THE DEVELOPMENT PLAN APPROVAL. DO I HAVE A SECOND? I SECOND IT.

OKAY. CHAIR. HELLINGA. YES, MR. BRANT? YES, MR. HORN? YES. OKAY, SO YOUR. PETITION HAS BEEN

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APPROVED. WOULD SUGGEST BEFORE ANY CONSTRUCTION START, THERE'S 21 DAY, BUT IT'S NOT APPLICABLE BECAUSE YOU NEED. IT'S CONTINGENT UPON THE PLANNING DEVELOPMENT PLAN. SO YOU'RE ALL SET? YES, SIR. THE DEVELOPMENT PLAN AND START CONSTRUCTION. IF THE CONSTRUCTION WILL CARRY OVER TO 13 MONTHS. OKAY. YEAH, I THINK THE WAY, THE WAY THE STIPULATION IS WORDED, IT'S SO THAT YOU HAVE APPROVAL OF THE DEVELOPMENT PLAN WITHIN 12 MONTHS. YEAH. YEAH. OKAY. SO YOU'RE GOOD. THANK YOU. SO HOPEFULLY YOU GET IT QUICKER AND YOU CAN GET IT DONE QUICKER.