Board of Zoning Appeals - Regular Meeting

To the flag of the United States of America and to the republic for it stands, one nation under God, indivisible, with liberty and justice for all. The next item of business form. We have a whole board here tonight. Uh the next item is to approve the minutes. Has everybody had a chance to do any changes or accept the motion to approve as presented? So move. Okay, we have a second. Second. All those in favor say I. I.

Thank you very much. The next item of business, anybody plans on speaking at tonight's meeting, would they please stand? You swear that the testimony you give here this evening will be the whole truth. So help you guys. Thank you. Thank you very much. We have two items of business tonight. The first item in the public hearing a stretch to allow for gift shop table 2.1 permitted special exception land uses in resist and court detection overlay district CPO located at 696 West Main Street John represent John Lisa. Yes.

Okay. If you would go ahead please Good evening, Mr. President, members of the board. My name is John Moore. My address or my office address is 9294 North Street, Indianapolis, Indiana 46260. here tonight on behalf of your petitioner Sherry Spurlock. And as is noted on the agenda, we're seeking a variance of use for a small flower shop and gift shop at 60 at 696 West Main Street in Danville. And as you may recall, uh this board first considered this request back on January 21st of this year. And at that meeting, there was an indecisive vote. Uh votes went 23 and 23. So there wasn't a a vote uh one way or the other on approving this request. And so what we've done is uh gone back and looked at that hearing. And what we're going to try to do tonight is clarify some of the questions that were asked during that meeting as well as uh tightened up the request and we're agreeing to some written commitments that are more precise and what actually this use will be, hours of operation, things like that. So hopefully we can get you to a level of comfort with it and to improve experience of use.

Perfect. Thank you. There we go. So, I'm sure you're familiar with the site. Uh like I said, it's at 696 West Main Street. It's on Main Street. Uh just or next to North Salem State Bank. Uh is there to the west, 39 to the west. Uh, also just to the east of this site are two other business properties. Uh, one uh, currently occupied by One Choice Technology. The other, uh, Hometown Property Group. Not sure they're still operating in there or not, but that is also a business there on the corner. So, what we've got on this site is it's right next to North Safe Bank. It's on Main Street, and there are three businesses already in the vicinity of this property. took some photographs of the of the site. Uh obviously this is looking at the front of the existing residence uh in the west side of the property. Here's a view looking down Main Street looking west. Uh what you'll see in these photographs is that it has a backyard uh that uh is fully fenced in. You can see the fence running down Main Street there. Uh there's a view from the residence looking at the backyard again. Fully fenced in backyard. There's a picture of the existing residence looking east west side of the residence. And then there's looking west at North Stable State Bank. Few pictures of the interior. Uh Mr. Sperlock is currently updating the interior of the uh of the existing residence. That's the front of the residence. This this first floor is about 1,400 square ft. It's pretty small. It's a classic older home with several little rooms uh

there on the main floor, but pretty small, 1400 square ft. There's another view of one of the rooms. And then there's a room on the old fireplace still in existence there in the front foyer. So what this request is, it's uh this site is improved with a single family residence and a and a detached garage. Interestingly, the detached garage used to be an ingground pool. Uh when Pebbler owned this site, he over the pool and turned it into a a garage. Uh the first floor of the residence is approximately 1,400 square feet as I said and petitioner is requesting to operate a small flower and gift shop in the first floor of the existing residence and the flower and gift shop will offer custom floral arrangements, wedding and event formal design, funeral and sympathy arrangements, keep celebrations and remembrances and daily delivery service. Our walk-in sales will be minimal. Online quarters are estimated to be 70% of sales. In my experience with flower shops, whether it's the one that used to be where Dips is now or Gillespie up on Fifth Street. I've been in those several times. I've never seen more than three people in there at any one time. And I think that's consistent with what you would see here. Most of the orders will be online. Uh there will be one uh delivery vehicle for deliveries daily out of the shop and then I shouldn't have included this on the slide but typically there's one delivery per week into the shop of flowers. Uders are placed on Friday. The delivery comes in early Monday morning. Uh that delivery is in a small van like an Amazon delivery van of flowers. uh but that will be the one time that flowers will be delivered to the shop for those flowers then are sold uh through the week. There currently are

five on-site parking spots as well as street parking. Miss Spurlock initially will be the only employee of the flower shop. Her sister may assist at times and then she may grow to maybe add one or two other employees for the flower shop. You'll see when we get to the commitments that we have agreed that there shall be no more than three employees that would include the spurlock for the final shop. Uh there'll be no outdoor storage. Uh so what the uh the goal is is for that residence to maintain its residential character from the streetscape. So there won't be any outdoor storage. Uh hanging plants may be displayed on the porch of the residence like we see on any residents in the spring. Uh and there may be seasonal display of flowers in the fenced in backyard. Hours of operation will be limited to Monday through Friday 10:00 a.m. to 5:00 p.m. and Saturday 9:00 a.m. to noon. Turning to the staff report, uh staff is not opposed to this request for variance of use. Uh the staff did make some recommendations and I've gone through those here. Uh staff recommends that the rear parking area be improved with an all weather surface surface. Uh that has already been done. Uh the parking area has been approved with number eight wash stone and a sealant has been applied. The wash stone and sealant will mitigate any potholes, erosion or dust. Staff recommends administrative site plan approval be complete as part of this and the petitioner agrees with that request. Staff recommends that the commitments be recorded, preventing outdoor storage of sales, establishing the proposed outdoor operation, establishing the maximum number of employees, and specifying that the variance be granted solely for use by the petitioner and petitioner agrees to this request. There shall be no outdoor storage or sales other than hanging plants on the front porch and

seasonal display of flowers in the backyard. Hours of operation, as I said, will be limited Monday through Friday, 10:00 a.m. to 5:00 p.m. Saturday 9:00 a.m. to noon. Number of employees shall not exceed three. And this variance will be limited to Sher Spurlock or I included caveat or any entity if she forms an entity where she's the majority owner. Often times a small business owner will go ahead and put the business into an entity. So I wanted to cover that. Uh there was uh I noticed in a 501 remmonstrator letter uh submitted and so I wanted to walk through that. It's from a nearby property owner. Um first issue that's brought up in that letter is this business could possibly be open seven days a week and have extended operating hours. We'll be taking care of that with commitments on the hours Monday through Friday 10 to 5 Saturday 900 to noon. about seven days a week, no late night hours, anything like that. There would be large delivery trucks and smaller delivery vehicles out to customers. Again, that's not true. This is a small uh business. There's no large delivery trucks. Deliveries would come in once a week on Mondays. Orders placed Friday, deliveries come in Monday, and they generally come in in a small man like an Amazon delivery van. Uh the third concern raised in the reminder letter uh that the house is four square style will be hard to be ADA compliant for the business. Mr. Spurlock is adding a ramp to the uh entry that's in the backyard into the business. It's out there right now obviously but it is approved. She does plan to put a ramp there so it will be ADA compliant. Four, if he uses a rental or Airbnb that would be extremely problematic. That's not the case. This is a request for a small flower shop, gift shop on within the residence.

Fifth, similar concern. What if the next business is nail salon, vapor, or tattoo shop or nefarious business? That's not what we're requesting here. Uh this is limited to a flower or gift shop, very small operation. uh very limited walk up uh customers uh mainly online and uh it's a small non-intrusive business exterior of the building or the home will maintain its residential charact and then six there was an issue brought up about traffic minimal traffic created by this hours we're not going to have hours in the morning uh 70% of sales we estimate will be online back to what I said about flower shop I didn't do a lot. We just not a lot of people very often. Uh so we don't think traffic is concerned. Like I said, deliveries coming in once a week on Monday morning. It's the only time that that really occurs. We do have a couple letters of support that we received. Uh we received uh Don Thirsten who lives uh in the neighborhood. uh she submitted her letter of support to recommend uh pedals on the porch flower shop for approval and I'll read you through that. It's in your packet as well. And then the neighbor directly across Maple Street just north of North Salem State Bank also issued a letter of support uh believing that this business represents a great opportunity for the Nashville community and uh recommending that this board approved this variance of use. So in summary, a petitioner seeks to operate a small flower and gift shop adjacent to an existing bank on Main Street and on the same block with other commercial uses. The exterior of the residential structure will maintain its residential character and will not adversely affect surrounding properties.

Walk-in sales will be minimal. Petitioners agreed to written commitments that limit the hours of operation, limit the number of employees and restrict the use to a small flower and gift shop and staff is not close to this request. So with that, we respectfully request that you approve this variance of use and we are happy to answer any questions you may have. Question. Just regarding point number six, traffic,

I understand what you're saying about probably two to three customers an hour, but given where that business is on Main Street and it's a one lane at that light at 39, even with the parking lot finished, my fear is that most people going to stop there, excuse me, would tend to just pull right up in front of the building and get out and park on main street and I'm just wondering if there's anything that can be done to make that not happen.

So I I I would say a couple things. One, it's probably more like two or three a day, not an hour visit there. I mean uh two or three an hour. I I just don't imagine that would ever happen for a small flower shop. Uh you're probably closer to two or three a day, maybe five people a day maximum in the trip between the hours of 10 and five. Uh the other day I drove there and uh there is not only the spaces there on site but there is significant parking on Maple Street. I parked in front of the gentleman's house who uh wrote the letter of support and just walked across the street. Uh and there would have been another room for another 20 cars on Maple Street at that time. And I was there about 2:00 is when I got there. And so, uh, I really don't think you're going to see traffic that you normally see in a retail business where people are coming up, you know, consistently. This this will be a two, three, four, five people a day type operation. I think she'd be very pleased with that because that' be good traffic. See, I think anyone if anyone was coming on Main Street, uh, they would just turn north on Maple, kind of park in the parking area along Maple Street. Anyone coming from the south and just wide there, I think that's right there. Yeah. The last time Miss Burl was here, she she said that her future intentions for this business were for it to grow, expand, perhaps have a garden center, have it resone as a commercial property, perhaps buy the building behind it to expand. And that that indicated to me that this small business of, you know, a few customers a day would largely it

just seemed like that would what she said was in contrast to what she had written and what you're saying now. And so I wonder if those intentions have changed since two months ago.

They have not. And this is a request for a small flower gift shop. I mean they have those intentions have changed. Miss, my apologies. The hatching. This is a request from small flower gift shop. She can't do any of the flower the gardening center thing, private properties or reszoning it. I mean, obviously you can request anything, but I doubt anything like that would be approved uh through the plan commission and through the town council. So, no, this request and all this is allowing is a small flower shop 10:00 a.m. 5:00 p.m. 9 to noon uh with you know, 1300 square foot first floor of this building maintains its residential character uh and anything like that could not occur under this. I understand. I understand. I'm just wondering if she starts conducting the business under this variance and then later on wants to keep growing, which is what she said she wanted to do to make sense for a business owner to want to grow.

If that's still her intention, we open the door for that. I don't think opening that door because that would require resoning. that would bring in all other sorts of requirements on parking and space and you'd exceed your three employees, you know, all of that. So, that's why we were very specific in what this allows and what we're seeking here. If it I would say it's similar to I sometimes dream before the United States Supreme Court, but that's just not to happen. And this this is not that's not going to happen at this top or something like that. But I kind of open the parking and meeting the town because I'm not so sure that stone treatment on it is a a good solution and I really that be something that you be open to acceptance within 60 to 90 days to get that concrete or asphalt that meets requirements.

Excuse me, Mr. Tessy. Can you speak closer to the microphone, please? Thank you. Yes. do within 12 months to do that. So we can generate some revenue to pay for that. How about by by the end of the year if if a motion is made, you know, if we agree that

we would it would be if the motion is made part of it, it would be done prior to the winter season, snow removal or anything like that. So what we can do is there commitments that the rear parking area would be improved with an all weather surface prior to December 31, 2026. Is that correct?

I mean that I mean if other board members are you know yes to my satisfaction. Yes. We we we modify that commitment then when we do if it's a commitment when you do those is that okay yeah I mean you you can make that part of your motion anybody else have any questions

I just add that I I made a stop to that facility just to check it out and went at a pretty busy time and traffic was not a problem well traffic was always a problem on Main Street that getting in and out was not a problem because I simply just went Maple Street to Clinton Street and end up the back way. So, um I didn't see that being a a huge obstacle for this. So, that's just

business already being conducted there. So the so all of the information about the deliveries and everything that's that's just what you have set up for the future hasn't been correct. There was an intention to maybe get going and then when this initially was turned down she was then relocated to another location until the school she's not operating out there.

Do you live do you live in town in town? I'm just curious like I know we've done some variances before for home based business. Is there a reason why business out of your home that you need to have a separate location to do it?

State your name please. I'm reside at 202 Street. I think

I do have a question too and I have to say I respect your entrepreneurial spirit and I was in retail most of my life so I'm a big bank backer of retail. I'm just I'm just wondering though planning to have a business, why why did you purchase that house in a residential area knowing that it wasn't zoned for business? I I just tend to think of variances as things that are not given very often or very likely and there has to be a really compelling reason other than just that it seems like a good idea. Well, because I've seen the other businesses on Main Street. There's a hair salon. Now, last month you approved another lady there on Morgan Street. Yeah. Morgan Street.

The lady on Morgan Street has a homebased business though. She actually lives in the home. Correct. Yes. And then the others on my side like I noticed that there's other businesses.

I think another thing about this property was big and the reason he put that garage there was so big had an auction business. He did a lot of sales out of that garage. So, it sort of appeared was already being used for it. That's why he had that garage and had that parking there because some of those some of those items are sold out of the garage. So, already operating as a business at that point. I think one of my concerns is that I watch the real estate here in Nando and I see residential properties come very quickly because people seem to want to come and live in some of these older houses in town and my fear I guess is that once you open that door and what's been done in the past you know I can't speak for what's been done in the past when houses got converted or whatever but to open the door say for business business owners to be able to purchase residential property at a residential property price and then turn it into a business is it's just to me it kind of opens a door for people to say, "Well, why don't we just buy this house? It's less expensive and then we'll just run our business out of it and then before we know it, many of our houses are going to be converted for the rest of the money on Main Street. Maybe that's okay. But I just have a concern when I see people wanting to buy houses and live in them that they become businesses instead and that this seems like an open door for that to me.

Yeah, I would say that this location is a little unique given that it's right there next to the bank on Main Street. I get your point about

as soon as as soon as one another house turns into a business, then the next person's like, "Well, now there's a business next to me. Why can't I have a business here? And then the next house, it's going to be the same thing. And then there goes our residences. And I hear people complain that they don't want all this new housing going up. And yet, if we take away the houses that we have and then people can't move to Danville because there's no houses to buy. I mean, I saw every house in town this in one week about a two week space. Every older home that was in Danville over the last couple of weeks went pending all like suddenly like people want to move into those houses and they want to live in them. I just have a concern that we're going to start taking away and the more businesses there are the more excuses people have. Well, these are all businesses now. Why does mine have to be residential? And then it deploys. I mean, I think Mr. told us last time she couldn't find a property that was affordable. So, she bought a residential property because it was more affordable. Maybe I'm wrong. Maybe I thought that's what you said as to how other places that that you thought they were either not suitable or out of your price range. Correct me if I'm mistaken. And I I believe that also to be true that it is less expensive to buy to buy residential property typically than commercial property. It's all sight specific location obviously. Yes.

But but I don't think that that this small flower shop is really setting a precedent for other residences obviously. So most either based business or or come to this board to get that approval

and and and if they and you well you approved that so why wouldn't you approve this? I think each variance has to stand on its own merits. Each use has to stand on its own merits. And what we've tried to do here is significantly limit the commercial aspect of this use number of employees outdoor storage. Again, right on Main Street, next door state bank just sort of fits here as a little transition area. Uh, but I don't think that would then be a basis for someone to come in and say they want to open a sandwich shop in another restaurant or

or gift another gift shop or and I'm not opposed to those things being dandel but I just don't want to see all the houses converted into them. That's a fair point, but I don't think that this is going to cause that. question. At this time, I'll open up the public for anybody else to speak on this case. If you please come forward, state your name and address, and I would like if you can limit your time to three minutes, please.

My name is Janice. I live at 633 West Main Street. I was here before. I want to repeat a couple of things that this gentleman said. There's no way you go 20. It's just too small. The other thing I wanted to swim that was on that property was on the east side of the property where the fence and it was always there. And I think there was always a garage behind the house. It may not be the same garage, but the garage is not. Let me get that straight. Um, I still don't think that this is a good fit for the neighborhood. We've already bore the brunt of all of the growth in Danville. The traffic is just non-stop all day long and I get the traffic might not affect this business per se, but I don't think it needs added to the mix. I also think it'll like you one thing and then you know it's just going to be like a thing. It's just going to be one thing after another. And he used to say that, you know, everybody loves flowers, but not everybody's going to like tattoo people. Of

course, she understands she can't turn it into a tattoo parlor if we give her a flower shop. You know,

I get that. I'm just saying it opens up a can of worms because it's just, you know, what stops everybody else just from can't make their decision. So, you know, every house from here on out just going to be some business and to help with an app. Is there anybody else here that would like to speak on behalf of this case? at this time on public uh public would you like to come back comments about yes I'll end up brief I think that the issue we're bringing up a little bit about this can of worms and things and I I don't believe that to be true because any other business would have to come before this board not to be approved along main street I think that's evidenced by when there was a comment made was somewhere and sure pointed out well that was a difficult that was different. Well, all of these requests have to stand on their own stand on their own merits uh findings of fact to determine whether the variance is granted or whe the home business is granted. And I think when you look at the merits of this request, okay, just like I said, the small flower gift shop, we're really trying to tighten up the juice. It's not going to able to grow into anything larger than that. limit the hours of operation, limit the number of employees, very minimal traffic right next to the bank on Main Street. It just to me, I think it just fits right there. Uh and it'll maintain its residential

character from the outside. So, respectfully suggest that we use with the revised commitment regarding the service of an apartment bought by the end of 2016. Thank you very much. This time I'll open up the board for any comments to entertain a motion. I will make a motion. Make a motion to be approved. Use the variance by petitioner John Moore petition on behalf of pedals on the porch. Insurance for life petition 2026 2283 to allow a retail general use flower gift shop in the residential urban zoning district corridor protection district CPOD. The subject property is located at 696 West Main Street. The petition has satisfied requirements for variance under state law for the following reasons. Number one, the approval will not be injurious to the public health, safety, morals, and general welfare of the

community for the reasons stated in the staff report. The use and the value of the area adjacent to the property including the variance will not be affected in substantially averse manner. The need for the variance does not arise from some condition peculiar to the property involved for the reason stated in the staff report. The strict application of the terms of the zoned ordinance will not constitute an unnecessary hardship if applied to the property for which the varianc is sought for reasons stated in the staff report. The approval does not interfere substantially with the town's comprehensive plan for the reasons stated in the staff report. And I move that this approval may be made subject to the following conditions. And that would be the resurfacing of the parking area or the staff report plus that staff report. Just a motion. Do we have a second?

Second. We have a second. myself.

I for the decision motion fails to adopt the motion. Just a motion to make a motion to deny if that's the motion. You need to state um it just says if there's a decision of this body that the variance petition approved or denied, you need to state if there are any conditions. Excuse me. I move to deny the various requests without conditions. I'll second

I myself.

Thank you very much. Appreciate it. Next item to allow food market. No, I don't need to do anything. Go ahead and present. Thank you.

Well, good evening. Uh, I know most of you and as you can see, I'm not Andy Cole with law street. This evening got called out of town. Uh, I'm representing your uh commissioners, Mr. Mrs. with me. um they moved to uh Danville about 40 years ago and they've uh enjoyed their time here and they they would like to open up a mini mart. If you're familiar with the property, you see in the packet there at 150 West Clinton Street. Um current commercial building on the property is actually zone industrial. Um decades of commercial use here at the property. Uh I think that was likely a nonconforming use for a number of number of years. Uh my understanding is that in 2008 it was reszone to the current light industrial district to accommodate specific use at that time and that's what it's zoned right now is light industrial. Um what we're seeking is a variance to operate a mini mart store in a portion of that building. I want to correct. Do you have um that Ariel that I I do want to correct one thing. um in discussions early on when this got passed off to me. I was trying to get get my mind around uh the application and I had sent that to Lisa uh thinking about a th00and square feet just to let you know that actually comes over to the west a little bit. It doesn't take up the whole frontage there on point but it comes further over there's about 1300

square ft or so. Um, so that the there's a doorway, if you're familiar with the building, there's a doorway on the corner there on the southeast corner that you can enter. There's also a doorway in the toward the center of the frontage there. And that's the main entrance going into the shop. So, it's a little little bigger than what you see there, but the the main tenant there, aerodynamics, they take up the bulk of that building. Um, so for the proposed use, basically as I say, a mini mart use, uh, they would sell dry, canned, prepackaged, and frozen goods. Um, they'd offer some standard items that you'd find at, you know, Kroger, your milk, some soft drinks, snack items, condiments, other food items. Um, but they also, uh, one thing they specialize in, they cater to a more international community. And so there's a more unique element, spices, beans, different, you know, rices, and other items that you wouldn't, uh, easily find at a at a Kroger or a Walmart here locally. Uh, no food preparation proposed for the site. Um, in terms of hours, they're looking at a Monday through Saturday, 9 to 5 or sixish. They're working that out. but um closed on Sundays. Um wouldn't be a real busy location. The anticipation they have is two to three uh max customers in an hour. Um it's more of a walk. It's not a It's not a place that you and I are going to go in and do our weekly Kroger shopping. It's a place that people are going to head in there to grab a few things they need and

not have to make the track down the program with traffic. In terms of the product getting there, they would be picking up, they would be acquiring most of the product on their own. They've got a van, minivan, and they uh they would bring their product to the site. You would see an Amazon size van there. a couple times a month, but that would be the largest vehicle in terms of terms of deliveries there.

I did want to talk a little bit about how you brought it up at the at the last uh application. Um, in terms of your variance analysis, and I think a couple of these are a little bit easier to get through. It's not an injurious use. um it's not a use that's going to have a substantially negative impact on a joint uses. We're talking about a commercial building right here. Um in terms of that, you know, the variance being a more rare granting, uh one of the things is a peculiar nature to the property. And here what we've got is an industrial zone building. Um and and it's it's conducive in this area to probably a lot more so commercial uses and and lighter traffic commercial uses such as this. Um so the fact that it's zoned industrial knocks out quite quite a number of the commercial uses that you would expect to see in a neighborhood setting like this. In fact, some of the permitted uses in the light industrial are uh indoor or outdoor kettle um you know an indoor shooting range I think was in there I think. Um so very odd nature to what the property is zone versus what we you'd expect to see in there. And then the unnecessary hardship element if the strict application the terms of the ordinance are applied to the property. And there again um we've got a industrial zoning property would be eliminating a lot of reasonable commercial uses that you'd expect to see in a neighborhood setting like this such as what's being proposed. Um and so the variance becomes um an appropriate

remedy to that to allow um a useful and reasonable and needed use in terms of the uh well I did want to point out also on that note the RU district which is all of the residential uh west north east of this property that's all RU U the RU district does include convenience store without gas pumps as a uh special exception use. And so what that tells me is that this type of proposed use or even maybe larger something you might call a convenience store is actually anticipated to be appropriate in the RU district. Um again this is zone industrial but what's around it is RU. So when you include that as a special exception, you see in in form of your ordinance that that is a potential use and we agree that that can be permitted in this area amongst these homes as long as we determine that it's an appropriate area for it. And I would say if you were looking at the RU district, if this were zoned to RU itself, um I would suggest that a block north of Main Street there would be as close as appropriate as anything in the RU for this type of neighborhood convenience store use. In terms of the comprehensive plan, um you know, there's a goal in there about land use diversification to increase commercial uses that provide everyday needs and services. Uh there's a an objective of prioritizing pedestrian environment over commercial or I'm sorry over vehicular and again I with this type of uh square footage and proposed use are going to have uh more so people walking over here to uh to get items

that they might need and I need a couple of things but I don't want to get in the car here. So I think you meet both of those and I also you know looking through the surveys as the comprehensive plan the new plan was developed um you've included a number of survey results general results in that uh plan and I see in there about uh the community's desire as that plan was forming to uh to get more smallcale commercial and more small town elements in the community um and not necessarily more large scale commercial. So, um that's not part of the plan direct, but um you know that's what the plan was based on those those survey results. I did bring just as a last an idea. I know there were some pictures included, some black and white ones. I intended to have these available for the slide, but I apologize. I didn't get that to the town early enough, but I have some printed. This is to give you an idea of what that what the space um looks like. they did get in here and set up and that's kind of how we got before you this evening was um as they sought to open shop uh came to their attention that hey this this site is not conducive to that use without a a varian. So that's why you see it set up, but that that gives you an idea. You'll see a lot of unique product in there, but then on that last page, you'll see your your oatmeals and salts and ketchups and mustards and coffee creamers and

normal fair like that. Uh with that we um yeah we are requesting us variance approval to operate this mini mark and I'll try to answer any questions you might have.

Oh can I say one more thing? Sorry Mr. Jesse. Um, I will note, you probably saw in your uh case report, there was a um staff's not opposed to it, but there there was a a recommendation that an approval be limited to the petitioner and not run with the property and I've reviewed that with my clients and they're they're amendable for that condition. How many parking spots in that lot or will there be dedicated parking spots just for this or will any parking spot in that lot be able to be used?

Well, there's seven. I think I counted seven on the on the frontage there um which are usable and then um I don't anticipate with having seven there. I don't anticipate wrapping around to the west side or certainly not the north side. Um, so I just want to clarify when you were talking about the peculiarity of the property in that the owner runs I assume the owner runs the whatever what kind of business is it? That's a emissions. Yeah. Some kind of a testing. I don't think that's the owner. I think that's

Oh, they're leasing it as well. Right. So, what you're saying is that in order for the property to be leased, it has currently it would have to be industrial. And if you're talking about a small space, that creates the hardship that we can't rent this space out because going to able to use it.

Any other questions? Tell me again the hours of operation that you mentioned. Uh 9 to 6. Um they've mentioned five. I asked them just to give themselves a little bit of leeway for after work. Somebody needed to get in there. Um so if there's a discussion point there, we're happy to talk about that.

I was just curious as far as traffic goes and parking, school buses and all that. So the parking lot is shared though by other businesses. So their business wouldn't necessarily be heavy enough to make much of a dent in the parking a business. Correct. I'm sorry. Correct. Yeah. I don't think whoever works there I mean it's maybe just a few employees but when I walk by there I don't see there really. I never see anyone there. No either. That's not including street parking. That's just

that's not including street parking. That that seven spots I referenced is all striped there on the front. Yeah.

You swear testimony of this do the whole truth. So help you. I just wanted to quickly point out that the parking lot across the street which is labeled Dan Christian Church is actually a joint parking lot that entered into an agreement with the church years ago. The town maintains that parking lot for public parking purposes. Therefore, uh we do relinquish that on Sundays obviously or for funerals or weddings. Uh but we do maintain that and that is a part of our public parking for downtown Dville. I don't know if that helps your decision or not. So, I just wanted to bring that up. I apologize for I wasn't aware of that.

Any other questions?

Thank you. This time I'll open the public. Is everybody here from the public like to speak on behalf of this case? discussion. I move that we approve the use varian sought by petitioner cola atola big fish international market and com law office representative in BZA petition 2026 20-2284 to allow a food market in the industrial lake zoning district. The subject property is located at 150 West Clinton Street. The petition has satisfied the requirements for variances under state law for the following reasons. The approval will not be injurious to the public health, safety, morals, and general welfare of the community for the reasons stated in the petitioner's proposed findings effect. The use and value of the area adjacent to the property included in the variance will not be affected in a substantially adverse manner for the reasons stated in the petitioner's proposed findings effect. The need for the variance does arise from some condition peculiar to the property for the reasons stated in the petitioner's proposed findings act. Strip strict application of the terms of the zoning ordinance will constitute an unnecessary hardship applied to the property for which the variance is solved. The approval does not interfere substantially with the town's comprehensive plans for the reason state. And I move that this approval be made subject to the condition that the variance stays with the petitioner and does not move forward with the building.

Just a motion. Do I have a second? Roll call, please. I I decision that this petition subject. Thank you very much. Thank you. Appreciate your time.

The only thing I have is we do have an application for you for next month. Anything else for us? A motion to meeting. Do I have a second? All those in favor say I. I. Thank you very much.