Board of Zoning Appeals - Regular Meeting

Would everybody please stand for the pledge of allegiance? I aliance 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 everybody. Uh next item of business establish five members here. The next item of business is to approved the minutes from last month's meeting or the last meeting in November. Has everybody had a chance to review those minutes? Any changes or anything? It's time to entertain a motion to approve the minutes as presented. So moved. Do I have a second?

Second. All those in favor say I. I. Thank you very much. Um the next item of business, this is our first meeting of the year is to elect officers. At [snorts] this time, I'd entertain a motion to uh for to like the member as president for the upcoming year. I nominate Kevin for president. Second. All those in favor say I. I. I. Thank you very much. The next item of business is to elect the vice president. At this time, I'd entertain a motion for a vice president. I vote to retain Randy as vice president. Have a second. Second. All those in favor, please say I. I.

Thank you very much. Next item of business is appointed secretary by the nomination please. Do I have a second? She didn't want to do it. Okay, I'll second. [laughter] Oh, I have a second. All those in favor, please say I. I. Thank you very much, everybody. Next item of business. Anybody plans on speaking at tonight's [clears throat] meeting? Would they please stand and ring again? Raise your right hand please. [snorts] You swear the testimony you give this evening will be the whole truth. So I hope you got it. Yes. Thank you.

Thank you very much. Uh first item of business we have one item tonight is a use variance to allow a floor gift shop UDL tail 2.1 peritted in special exception land use in the residential urban RU zoning district and quarter protection overlay district CPOD located at 696 West Main Street Cherry Spurlock.

Uh yes this is a petition by Sher Spurlock. she is wanting to do an in-home business um flower shop and [clears throat] uh she states primarily and she will get up and speak in a moment but she does state that primarily uh it will be uh deliveries um as we've had discussion um over the past couple of weeks. Um but she is in the audience and she can describe um what it is that she plans to be doing at that location. I am Sherlock. My residence two I live per at 202 North Tennessee Street two blocks over in my grandmother's house. So throw that in there a little bit. I'm seeking a use Marriott to put in this flower gift shop in this residence that my fiance purchased for me and uh I approached Lisa. This is what she told me I need to do in order to put a sign and get a use. So, I'm going with what she told me to do. If I may approach, I'd like to give you a picture. I know I included pictures of the sign, but I do have an updated sign that I would love to have that um Beacon has they've helped me design this. And this is what I really like is a custom sign, not just one thrown together, but a custom sign. So, if I can give you all that, that would be great.

Yes. And while she's doing that, I'd like to make the point of clarification. So when she approached me, we discussed a homebased business, which is um a little a different procedure. Um and she would not fall into that category because of the number of employees that she was wanting to have because you're you're limited to hours and numbers of of employees for a homebased business. So that's why she decided to do the use periods. Thank you. If you have any questions for me, I'd be happy to answer them, but I would like to let y'all know that I was born and raised here and uh I take Danville very proudly and uh my mom had her she was the first real estate broker in Danville and her office is right across the street where the State Farm. I grew up knowing that we have a business on Main. My sister has her business right next door, Hawkeye Storage, and um I would just like to be part of the family and not my business here on Main Street. So, uh if you allow me to do so, I would greatly appreciate it.

So, do you live there? No. Okay. So, when like how long have you owned the building? Oh, since May. So, you bought it just for the for the purpose of having Correct. I have looked at other properties to Danville for the last year. I looked at the um I guess this is the own vet clinic. I looked at that property. I looked at Jim Lowry's business. And then when this came open, I thought it was perfect. But but you knew that it wasn't. So, right. But in Damville, if you want to buy a property, you have to like jump on it or it's gone.

So, yeah. I had another question based on your kind of your state. Um, sorry. Oh, can I give can I can I tell something else too? I have gone to school and got my master uh my master I'm a master design in forestry. I've also applied and received my DNR license for a garden center and had the state approve the home. So, I've gone through all that over the last year or six months. They came out and inspected it once I applied. So, I do have my master in floral design and got the DNR for for the garden center and I only did that so I could sell hanging baskets for Mother's Day or you know something like that. looking forward to. And also my daughter is a sophomore at Purdue and she's taking horiculture classes which I'm really proud of her. And then my daughter in she lives in Iowa is growing flowers for me to keep it local and not from Guatemala. And my twin brother that lives in Louisiana is also growing flowers for me because they're heat resistant and he can grow those too. So I feel like everybody's proud of Danville and wanting to keep it home.

So my I guess my question was as to your point three on your findings of fact. Um so was was somebody living it was residential before like when you bought it had somebody been living there? Yeah. To my understanding but pedler was Oh yeah Perler that that is what we told. Yeah. So, because you say in number three like that your your lot is narrower or smaller and it it's impractical for residential development. I was confused by that statement that you made there.

I was confused. I'll be honest with you. I was confused that I approached Lisa about being zon. I had asked her. I went in. I didn't quite understand what I'm supposed to do. And so, I approached her, came into her office, just told me home base. I'm like, that's not really what I want to do. And I asked her, I'd like to be zone commercial. And she said, no, the town will not the town will not approve you to be zoned commercial and that this is the route I have to go.

So, just to clarify, I stated the town would not the staff would not favor a reszoning because it's basically spot zoning and she could achieve the same thing by applying for a use. I'm just confused why it says like it's impra the lot itself is impractical for residential development. What does that mean to you? I was taking that that that why it's not it can't be some commercial that that was the because it is a narrower it's the shape of it is narrower than most square plot. [clears throat] It's not plotted and so it's a narrow needs and bounds description when you're looking at it.

So I So that's how I took it. And just reading this, it just looks to me like you were saying it's impractical to be residential. No, I'm not saying that. Oh, because I'm sorry if I worded thinking that way. That's not what I mean. I mean when I'm looking up I used to be the county ctographer and when I looked it up and I'm like this is meets and this is not platted into the town which I thought was kind of odd. [clears throat] So that's the only reason why that that wasn't meant to be that way. And how many how many employees are you going to have

starting out? I'm hoping to me my sister, she's gone through classes with me. Um but my my future goal and I've already talked to FFA director is to have a few students that are in a culture to be part of it in the evening after school program. And so Lisa, what's the what's the rule on the employees that makes her not be able to have a home based business?

Well, the primary reason she couldn't do it is because she doesn't live there. Homebased business is part of your home. So that was the primary reason, but you're also limited on the number of employees that you can have. Uh hours of operation, um you know, just the uh intensity of the use itself. It it has to remain like a residential residential using character. and that wasn't quite what she was wanting to achieve. So if somebody wants to come back later and they want to use it as a residence, it hasn't been changed or anything like that. Correct. Except that you did mention I think about changing the parking situation in the back.

Right. They have a a rather large gravel area and um the [clears throat] town is trying as properties develop or change use to bring them up to standards for a hard surface whether it be asphalt, concrete or some other form of what we would consider [snorts] hard surface area. So, um, in the letter I stated that if if she is approved for this, I would like to be able to do an administrative site plan review, not by the plan commission, but by staff, just to review parking, landscaping, lighting, things like that that would typically go with the site plan. Where is the drive access? Is it off of 36 or

No, it's off of Maple. And I've already talked all the neighbors on that street, which I thought maybe would have an issue. They have been super nice. They've all come in the house. They've already looked at it and they are just so excited when we open and one lady already asked me to do her son's wedding in the fall. But in reference to the parking area, I um I've already laid down when the weather broke, we had 50 60 degree weather. I've already laid down number eight stone because that's dust controls erosion. And I've already laid that down for because the weather broke and I knew it needed done. So, I've already done that. So, I feel like and if it's if it's needed be, I already have a sealant that I can put down on that. It's just cost effective right now. Doesn't make sense for me to open a business and have to put down 75 to $10,000 worth of concrete, but I would like to do that potentially in the future, but right now I did put watch number eight for that reason. And why are you confident that you're not going to have very much walk in traffic?

I mean, if you're going to hang a sign and you're going to be like, why are you home? I mean, it seems like your business does well, you might have people coming. And I mean, I just don't Most floors are in and out and it's primarily online. So, do I think that I would be shocked if it was, but it is primarily online or, you know, people just coming in for, let's say, prom season or ordering, but most of it is done by phone or online. So, that's what I'm think during prom season you're going to have a pretty good parade of people coming in and out. Um, I mean, maybe for that,

maybe for that day. You know, it's it's just a seasonal, you know, everything with forest is seasonal. It's, you know, it's not like not like fair on the square where it's going to be busy and packed for the whole weekend. It's just a seasonal day day in day out. So, I hope so. Believe me, I hope so. [laughter] That's my goal. And then, uh, so we'll see. You couldn't find an area on the square to buy? Oh, I looked into it. I looked into it. I looked at buying the florist. I I think they went out of business.

They did. And the lady from Warsville bought it. Okay. she did buy it. Um, there was pros and cons to that. I will let you know. Like there's not a back door and there's not back door parking as an as a person owned a business. You have to park on the square. Um, and so my idea of taking out the trash and having to go out the front door into the back alley, that just seems kind of tacky to me. But I did look into Mark Lowry's office that was like expensive commercial. I did look. I honestly I gave it a good effort to look and find. Yeah. That the location that you're at such a congested area with 36 and the traffic.

You know, they say that, but every time I've I haven't had any problem with it and I would be the first. It's nice to have that light on 3936. So, if anybody said nobody knows how to drive through there and nobody knows Maple Street, so I'm hoping like, you know, if I asked you, do you know what that street is next to North State Bank? Yeah. Maple. people don't know what the name of that is. So, it's just kind of, you know, I'm hoping to I'm hoping to bring something to that end of town and make people want to come and have that experience before. So, I do hope I get a lot of people, but

So, what what's your I mean, you bought this building. What was your plan if you don't get what you need here? What what's your I turn around and flip it and sell it. I mean there I mean it wouldn't give me much choice you know if I don't get this use variance then it did you know you needed a used variance when you bought when you bought it? No I was my plan was to be some commercial so I was all prepared but you hadn't but you had researched that before you bought I had asked several people about it. Yes. But so you didn't ask the right people maybe. Well honestly not true.

I did ask my brother-in-law which I don't know if you know my brother. So I asked Dwayne and I asked um Dale Cruz and so they were like this is a perfect location to be some commercial and I was like okay I just thought that's what I had to do. So that's why I waited and I you know I even approached her about I was all prepared to be in some commercial when she said this I'm like okay sure. So I was kind of surprised that there was another option. Nobody told me that. So I was okay with it. Would you are you familiar with the last paragraph the case summary that police put together about the concrete drive

drive and also it kind of concerned me it says no more storage for sales of any type and I think of hanging baskets right those being outside and that would contradict that exactly that's why I didn't understand what the outside storage meant it could be any what I was referring to was display sales storage same thing. That was what I was referring. I mean, are you like you expecting me to put things in the front yard? I'm on 136. No, that's why I'm saying I I recommend that that doesn't happen. Yeah. I mean, I would do that, but I mean, I have a garage for storage if I need to store something. That's why I was like not understanding that like

So, if you plan to have like a garden center like you said that you had gotten some sort of a certification, right? Just so I can Where would you put that garden? In the back. Like in the backyard. Outside. Yeah, in the backyard. Yeah. It's a beautiful yard. It has a beautiful sideyard. But is that contrary to what the staff's recommendation is? Well, yes, but it is not my decision. No, I know. But that is contrary. So, you're saying you like set up a garden center outside where people could actually go out and buy things from the yard? I I mean, if I had your intention,

I futuristically, yes, that that's why I'm planning ahead of time. If I could do that, that would be great. I just think that would be nice to be able to have it. I've already honestly along this privacy fence that I've already cleaned and stained and updated along 36. I don't know if you noticed, but I've already done that. And inside the garden, inside that I've already planted a huge amount of perennials, 4,000 bulbs. I hope this is a beautiful thing for somebody to see. Not just me. I mean, that's me personally. So if you want people to come into that yard, you do intend for people to be coming into that business. Futuristic. Yes. Down the road. Okay.

So even for now, if you think there's not going to be much foot traffic, your hope and is for there to be foot traffic down the line in a few years when I my daughter graduates and then I come back and ask for a ask to be zone commercial. Would that change, Lisa, down the road? You don't want to zone it commercial now. Would that change in a couple of years?

No. I mean, if you look at our comprehensive plan, this area is for residential. And [clears throat] even if uh she were to apply for a reasonzoning, I mean, it it's not going to change the site. It's not going to change the location. I just don't believe that this site is conducive to I think maybe the forest is fine indoors but like a garden center and like that that's not really in my opinion the best use for that property and and even like I kind of if I understood you're even planning on having the flower beds out there for people to go out and look at the flower beds not just grow for the

Yeah, I'm really hoping to grow them for the florist but I just think it would be nice to have something nice and pretty and not look like But it's inside a fence. It's inside the fence. Yes. Yeah. I would hope they go on the outside. I just need the weather to break. I want to make it really pretty and nice, right? You know, I was

I just want to clarify, did you just say a minute ago that you hope down the road that you can still possibly get it reszoned into a commercial space? My goal is, and speaking future down the road, like I'm talking three to five years, hopefully Justin Dorsey may let me buy the house behind me and making the garage, remodeling, redoing the garage, maybe center, but this is my plan like down the road, not right now because I got to make sure that I can do the front shop.

So your future plan is to actually buy another business, have it also maybe get a variance on that and expand the business. That's your future commercial to do that. And I don't know that will work. But I think everybody should have goals. I think everybody should try and have think down the road. You know, I'd like to have more than two employees if I can make it a a better business. I want to make this something better for my kids and having a family affair. That's my goal is to have something nice. If there was a motion, would you accept the staff's recommendation to be part of the motion? I will. Do I like it? No. But I would.

Okay. And because I think that's kind of important that and I don't want to get into a situation that it becomes an enforcement issue for the county either.

Right. No, I mean I I complied with that. So I put gravel down because I didn't like how it looked and I wanted to make it better. I guess I guess I'm a little bit confused that in in what I read it sounded like you want to keep it small. You don't think people will come like you don't think it's going to have that big of an impact. But then you just told us that you do want people to come in the future and that maybe you even want to buy another building in the future and you want to make it bigger and you want to make it feel more commercial which just seems like the opposite of what you how you described it in your If I can reiterate to that when I filled that out a month ago, December, my goal was not to be this. And so talking with a couple town council members, they were like, "This is a perfect location to do the the music on the porch, the event that they had."

Yeah. I didn't go into that, so I don't know what it was like. And uh I will say Mr. out was this is a perfect location for me to do this. It's right on Main Street. Everybody can see it. Open up the gate and let him sit in there. So then, you know, getting the ball rolling, thinking like, yeah, this may down the line down the line may work out that way, but I mean, it's just future. So, he kind of had my mind like thinking ahead like, yeah, that would be a great thing down the road. But I just thought that was kind of nice that he came [clears throat] in and saw the building and was like, this is really nice. So, I wasn't thinking that at the time that I filled it out, but changing my mind, I was like, "Okay, I can see where that would go." Questions for Shar.

Thank you very much. Appreciate it. Sure. Thank you. Congratulations on the election.

At this time, open up to the public. If anybody would like to speak, if you come forward, please, and state your name and address. Thank you. My name is Janice Kulka. I live at 633 West Main Street. Um, I am opposed to this because it is residential. And I do have some questions. Um, they came to my attention that she already has her business started and operating. She has a Facebook page. She has a web page and she's ready to go without the variance being approved. So, that upset me from the get-go. I had a question about signage and she passed out something, but I don't know what that looks like. And where would this be placed?

So the only sign [clears throat] that is permitted in or not the only sign but it in a residential district that would be considered a hanging sign. So it can hang up underneath the like at the porch. Um and it's limited to the sides as well. So, it's not going to be I mean I think it would probably that type of sign would fit in the neighborhood. It's small. It's kind of got that little um era, you know, historical era to it. But she would have to re get a permit and apply for a permit before it can be placed.

I have concern about parking. There's only about two spaces on Maple Street. I would hope that nobody would try to park on Main Street, but who knows? They might. And the only other alternative to parking would be if somebody were to go over to North Salem State Bank and park over there, which I think would be I also would like to bring up that this property is ADA compliant. There's a lot of steps up to that house. And I realized that you only have to have less than 15 people. They have an exemption, but the only other exemptions for ADA are religious and private clubs. So, I need to have the ADA thing addressed. How close is your house to this house?

I'm across the street. I live at Mustin.

I mean, I don't know if it's even been inspected for ADA. Has it been inspected at all for business? To my knowledge, no, it has not. Well, I mean, if she if she wants foot traffic, that means that there's going to be customers in and out. So, without it being ADA compliant, she sets herself up for all kinds of problems. Would that be part of it, if there would be a motion for the last paragraph, okay, would that ADA be addressed in that review?

The there's not really going to be she's not making any changes to the building. itself. So I would if if they were making changes to walls and things like that that would initiate a permit which would initiate questions regarding um you know fire safety but maybe I question for council there maybe does does a business have to have ADA accessibility? [clears throat] I don't know that I want to plan on that right right now. Um Mr. Chad Adam's saying it applies to general business um and commercial um that's something I want to verify that. Okay. Can I somewhat verify that my husband was

You'll have to speak in the microphone. My husband was Mr. A. If somebody is trying [music] to run a business out of the private residence, the part of the residence that is business has to be ADA compliant. I would assume that there would have to be provisions for ADA. My question would be, uh, since this home has a [music] entrance from the back, uh, are there steps up into the back? Yes. So, it's not flat where someone that would handicapped to make it in the building.

Right. Yes. And as a resident, um, the doorway [music] is probably not wide enough either. In a regular business, doorways have to be wide enough to accommodate wheelchairs, but in residence, I I think that'll be addressed somehow. We just don't do not have the answer from council at the present time. I think any approval of this would have to we'd have to wait for that approval. Great. Yeah, we would have to have verification that they meet that they comply with any kind of state regulations. Well, I guess I might ask a question since cannot get a firm answer on that, which is understandable. reaction.

Can I ask Sherry so we can ask for I just like to ask number one questions based on if she has finished or do you have any other questions? Well, the only other thing that I would like to address is that there have been people over there and they have been burning and I don't know. I don't know if that's going to continue. I think the town has addressed the issue of opening before the variance was done and I think the town would address if they're aware of that any problem the town would address that appropriately or anybody else can but

yeah but I think that's something you probably would need to report to the town enforcement and they would address it and that's not something that we can address but I would recommend that you contact the town you see that package so that we can address I do have one more question. If this residence would have been in the historic district, would this even be an issue? I don't have the answer.

I don't have the answer to that. No, it's not. So, um, we don't have to worry about that. Thank goodness. I just had comments that I just really disagree with those just because she appears not to have a whole lot of answers on how many people she's going to employ, how much foot traffic she's going to have, how much vehicular traffic, you know, this is going to entail. And then she springs the garden center and that would that would create a whole different set of issues.

Thank you very much. If you would please come back.

How many parking spaces are in your parking area? Seven. Seven. Yes. Is that in the stone area only or you count? That's the stone area. Plus, there is street parking. So, I already took it upon myself to like create more spots on the side. It was a couple trees and a dish like a satellite dish and I took that out and put gravel there. So So how many parking spots are there still?

The way I count it, there's a garage. I'm pretty sure and I drive a truck so it's a little bigger than the normal. So at least you know you put five dual eight trucks in there if you need. So that would kind of give you the size of just that back there on the side. When a vehicle's parked, does it parks have to cover the sidewalk up if you come back over the sidewalk that way past the sidewalk. No. So, you think there's potential for five people to park there and get in with peak with peak grass like they're not blocking each other in or something like that? So,

I discussed that with my neighbor, the the guy across the street on Mabel. We had that discussion [clears throat] um because we were parking. We had that discussion and that's why I created a couple more just for reassurance for him. So, so in anticipation of having pretty good traffic coming in when you got like if my sister's there so that's two vehicles then you know have three people and I'm not I'm only allowed to have certain amount of people in the business. So I just want to make sure I didn't park anymore. So So if you kind of do some ADA compliance if you so people can come in from the back door. Is that how people will come in through the back door? Do you think?

I will tell you this. But my sister, what's her heart? She has to use a walk. She has stroke. She

um in order for her to come in, my plan is to build a ramp. I'm warning your mom with the deck on the outside, but I need to build a lamp for her to be able to come in and have a a handle in [music] the bathroom, you know, so she can use the bathroom. My thoughts already gone through that because having that personally with my sister, my oldest sister, so I have pre-thought about that honestly. And if I could add to that, I during this administrative site plan, the things that we look at, like I said, parking is to make sure that there there's an ADA space, you know, we'll be looking at um ADA access as well. And when you open the gate, there's a concrete drive. So when I put the ramp up, because that is my plan is put the ramp up so she can come through the door, which is ADA. The back door is wide enough for somebody to come in in a wheelchair. Believe me, I understand that because my [music] mom had both her legs amputated. So, I'm a firm believer in this, but it needs to be accessible for somebody to come in. That touches my heart, not going to lie. So, that is my plan as soon as weather breaks so my sister can come in.

So, so by the time you maybe have an ADA spot for parking in the back, you build a ramp and maybe then you you've got a vehicle there and then maybe your your sister's there with her vehicle. So, it is possible that you're going to be needing people to park on the street. Yes and no. I think there's plenty on Maple Street. It goes further up and comes back down if it need be. Do the neighbors park on the street there?

Uh, only one actually. The person to the west of me, to the west of me, um, they have a son because they have no entrance to come back and forth. So, I've been kind of watching that. um he comes and parks his car on the weekend right there right when he come up. So he's the only one that I've noticed that that's the only parking I've ever seen is just him and I understand where he's coming from. He's going to football practice. He's in and out and not getting on 36. So I understand that. That's the only thing I've noticed in six, seven months of congested traffic.

Well, I think traffic is an issue in that area because that is a street only entrance to my knowledge to the bank too. So that's I think compounds the situation a little bit to my knowledge the only interest to the bank. Just a quick backup. Um when I was looking at the at the request, pardon me, and it was a flower shop and a gift shop and then all of a sudden we're talking about a garden center and those seem like two really

honestly the garden center that's down the line down the line. I'm not asking for that right now. That is just a futuristic, you know, could be kind of thing, but do I plan on that? It would be nice to say I would do that, but I just want to have a couple hanging baskets for Mother's Day. That's it. It's, you know, but in order to do that, to have that, you have to have a DNR. You can't just not any can come in and say, I want to sell hanging baskets on my front yard. So, you know, I knew that going to my schooling, but I needed that, but I'm not planning on that. But I think if we accept as if you accept a paragraph it is you're not going to be able to have hanging baskets outside. That's what I'm understanding. That's why I said I know that

I'm not in agreeance with it. But if it is, it is. You know, I mean, can she hang baskets on the porch like I would at my house? It's not for sale. Right. Okay. Right. I mean, she wants to decorate her home. Yeah. There's nothing against that. It's just that outdoor display of sales is is where I'm coming from.

So unless we were to put some sort of restriction on our approval that you can't have a garden center or whatever once once we would approve then you could say oh maybe down the road but you could turn around to whatever you wanted at that point right unless we restrict it. Am I right? If we said you can't have a garden center, but we don't say that, then there's the potential that she would.

But wouldn't that be I'm sorry, excuse me. Would this paragraph I'm keep referring to this would that paragraph that someone would make a motion and it be worded that way? Would that preclude it a garden center without another variance down the road three to five years or whatever be? Yeah. I mean, if you make your if you make your recommendation, I'll refer to our legal counsel that says there's no outdoor display of sales or storage, then there's no outdoor display of sales and storage. So, but if you wanted to that is a condition of use.

I'm just worried if we if we quote this paragraph that we would be covering all our bases to protect what we want. You know what I'm saying? not going through a list. You can make a motion to add whatever you want or to delete whatever you want. You have a question for Shar. The uh the roof behind the yellow line. I take a test of the storage building. It's it's really hard to see in this area, but you can see where the garage is toward the rear of the property. And the parking's in that sort of shadowy area. Yes. from there to there. What the What's the building?

That's another house, I believe. Oh, that's another house. Yeah. And that's the little house behind me, you know, thinking down the road because I And you can Is that the house? Is that the um the metal house? Yeah, that is historic. Mrs. Rector is I mean, I know it probably not. It might not be classified as historic, but it is a very historic. Well, then there goes the whole garden center like that scratches that even though that would be down centering nightmare.

Yeah, people people flock to garden center. But my my question would be if if you can, could you display your uh hanging baskets and so forth in that garage and just have customers walk through, fix it to where they could walk through and select them from there. I'm okay with that. I do have a question. I have a question. I hope y'all can answer it. When I'm saying this about a garden center, wouldn't futuristically down the line I have to get apply for a permit. I have to apply to be commercial. Like there's other things involved than just me saying that right now. Wouldn't there more things involved to do that later on?

Yeah. That's why I'm a little confused because I'm hearing Lisa say that she doesn't think that commercial uh zoning is appropriate for that space, but I keep hearing you say that you hope that's going to happen. Yeah, I've contacted Vancr about that for future down line. Um, and he's like, "Yes, Lisa can recommend that, but that's not set in stone with the town council has the right to veto that or not." So, I feel like I just feel like maybe once this if this if this variance were to get approved that that that's going to be like a little snowball because what you really want is for that this to be a commercial property. That's what I'm hearing from you. Please tell me if I'm not right.

No, I just thought buying this that's what I had to do. That's what I was told that I had to do. The garden center is just a futuristic thing. Like, oh, I could see that happening, but down the line, down the line. Not right now. I just want to be a simple flower shop, a gift shop. Like, that's it for right now. And honestly, I wasn't aware that she was wanting to do a garden center. I think a garden center at this location would be have definitely have a negative impact on the the adjacent property owners

because since then since I've thought about that I've heard that the state can come in there and take out the parking lot in North San Jose. So will that happen? Probably not if they do all that. It's just a dream, you know. I just think everybody should have a dream. That's why I'm saying that. But I just want to sell some hanging baskets for Mother's Day. So, if I can use my garage, great. Do you want to put exceptions? Great. I'm not looking to So, if I'm just want to have a simple business name, Mr. Chairman, we do have someone that wants to speak. Okay. I mean, I don't know if you closed the public hearing.

Okay. Is any other questions for Sherry? Thank you.

Good evening, Michael. Um just looking at this sitting here um something I think the board needs to take into effect is we have a bank just to the west of her which is a commercial property general business two houses uh two houses over is one choice technology another general business commercial other side of that about two houses down is another business hometown there's businesses on that side of the street on Main Street, you're talking about congested area, etc. Still the same difference, different road, same area. It all falls into there. Also, sitting here, I looked up Danville's central protection overlay district, which is what this is,

portal protection overlay district. Um, and it clearly states that that should be a mix of commercial, residential use in our own UDA. That's what she's looking for. That's what she's asking about. So, I'm trying to figure out sitting back here listening to this. Where where are we business residential residential business? But where where are we looking differently on this? is what I'm wanting you to think about. But if there's businesses on Main Street in that area, I mean, if anybody knows where High Street is, it comes on at 36. I'm sure Mr. Tussy or Randy does. They ever try to get on High Street off of 36. You want to talk about a worse area than Maple Street.

The business that you mentioned, I think the one was in business, I probably before my time where is but it stayed that way. It's changed hands. It's always been there. It's still a business on Main Street. It's a business you have to access 36 other business come.

Yeah. And I stated in the letter where the other commercial businesses were. Okay. So that's public knowledge. Um the business that's been there since I was probably a child was an eye doctor. Um that is not a retail business. That is a professional office. Uh the one choice technology is a professional office. It is not a retail space. I think we have to compare apples to apples and I believe that's the difference here. And do we want main street corner to turn in a bunch of businesses where there's where there's residential now. Do we want to open that snowball and say well they're business here's another one and pretty soon they're all business. Well, one choice has traffic just like everybody else.

They have traffic. Yeah, they do. I can guarantee that Cory Kaylor has people come in there and build their park up down. They have a parking lot behind them. I believe there's also veterary funding next to the gas station. But when you read our UDO, it literally says from basically um Warrior Way all the way through the town of Danville to Kerver commercial and residential mix. That is that property you're talking about is properties that are within the corridor production overlay district. That is not what tells you what those uses should be. Correct.

The uses are laid out in the comprehensive plan. town if we're going to put that in there to a normal if you get somebody that has no idea how to when they read that that's what they're reading commercial and residential mix. So when they come and want to be zone commercial, [snorts] what what is stopping the town of Danville from saying, "Okay, because I'm going to tell you as a council member, I'm going to tell you this flat out. As a council member, I sit up here every two weeks and ask about commercial businesses coming to Danville because the town council and the staff has always asked, "What are we bringing to Danville commercially? We're done with residential growth. What are we bringing commercially? Now we have a SP that wants to bring something in and it feels like we're just throwing blocks in front of them to trick them.

Just just bring up two senses. No, I appreciate it. I'm going to bring up an old source gas station next to what I I don't have the answer, but what type of business are allowed? Because if I remember correctly, that type of business, a plumbing business was not allowed. It was a It was a contractor. And with a contractor, they usually have outdoor storage. Okay? So, contractor storage yard. If you're a plumber, you're likely going to have plumbing materials, you know, in an open lot. Or if you're an electrician or if you're construction company, that's why that wasn't permitted, right? No, I I I know. But what kind of is a a garden center not one of the business?

I'd have to look at the UDO. I'm not sure exactly how that would be fair question, but you what I'm getting at is is what we just had before several years ago. Is this a business that's not allowed? Just like that type of business was not allowed, right? And without looking at the UDO, I could not answer that. A floral shop, a flower shop would be permitted in in that the CBP or CBS district. It's not permitted in the rural or the uh residential urban district, which is what this property is. [clears throat]

What kind of what would be the parking requirements for a business like this? I don't have it in front of me. I'm going to say very minimal. I would say what she says that she has would probably be adequate for the because we would go by the square footage that she is using for the business. It wouldn't be the whole house. Whatever part of that house that she's using for the business is what we would calculate the parking spaces on. So what's the other part of the house? When my daughter comes home, she probably stay upstairs for the weekend. I really don't have any plans to do it. I just don't want to work where I live. So everybody can't imagine that. So the front part of the house is not going to be part of the flower shop.

Yeah. It's gonna be part of the You're gonna have to come out picking you up. I'm sorry. So [clears throat] is the whole first floor of that house going to be flower shop? The back part. There's an addition that they added on to the back. That's where the flower shop is. And what's going to be the front part? I just put like um a couple antique pieces to put like the gibs on. Okay. So the whole first floor is potentially going to be retail. Yeah. So somebody comes in for funeral because that would be part of the calculation if the whole first floor is going to be that.

Yeah. There's different ways to calculate. You can calculate by square footage. You can calculate it's calculated by the number of employees on the largest shift. There's different methods to calculate that parking requirement. Okay, close the public meeting. Thank you, Michael, for speaking and this time open up board members here for any discussion.

I just have a big concern over that area, the traffic. I drive through there 100 times a day and nobody knows how to drive on 36 in that area. They try to make one lane into two and then it's backed up all the way through town. It's a nightmare. That's my big issue with with this whole thing. It's just driving everywhere and the town can't control that. That's in That's an inbound road. Is parking allowed on both sides of the street here? I know it's yellow from the curb on the right hand side. I don't know. I don't think it's yellow. I think it's just a short period of yellow. I think parking's allowed on both sides of the street. Street. Yes, it's allowed on both sides.

Well, it's going to get narrow. There's a short piece of yellow I think from the curb on the east side of Maple just for a short distance and traffic on that street. Okay. Any other discussion on this? I guess if there is a motion, I think it's important that the whole paragraph be approved by the count as as stated. testify my comments and stuff like that. Any other questions or anything?

A motion. [snorts] Have a motion. Okay. Motion to deny request presented. So, so the motion it failed because of no motion. So, I think at this time I think past experience says we need to entertain a motion to deny. Is that correct? I guess what happened previous

I think if you wanted conditions if you wanted as as presented by the case summary the last paragraph and any if that's acceptable and any other conditions that you want to add to that that would be acceptable. Correct? Am I correct in saying that? Well, one one thing that's clear is that if you don't have a majority of the board approving all the conditions required for use variance, it it fails. Okay. So, um so that's what's and that's what's required to pass it. I don't even have a motion.

Okay. I do have a motion coming forward. [clears throat]

I move that we deny the use variant sought by petitioner Sher Spurlock in VCA petition 2025-2277 to allow retail general use Florence gift shop in the residential urban zoning district and quarter protection overlay district CPOD. The subject property is located at 696 West Main Street. The petition has not satisfied the requirements for variances under the state law for the following reasons. The approval will be injurious to the public health, safety, morals, and general welfare of the community for the reasons uh stated in this step report. The use and value of the adjacent area to the property included in the variance will be affected in a substantially adverse manner for the reasons stated in the staff report. 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 strength application of the terms of the zoing ordinance will not constitute an unnecessary hardship of applied to the property for which the variances saw for the reasons stated in a staff report. The approval does interfere substantially with the town's comprehensive plan for the reason state in the staff report. At this time I have a motion. Do I have a second?

Second. Tiffany. Hi. Randy. Hi. Tracy. Hi. Kevin. Hi. And I not. The motion fails. denied. Three to two. Motion's denied. So they need another motion.

Motion to approve. You'd like to make a motion. We're going to deny it.

I will make a motion to approve. The use varian sought by the petitioner will not be inurious to the public health safety morals of the general welfare of the community for reasons stated in the uh staff report. The use value of the adjacent to the property included in the variance will be affected in a substantially adverse manner. uh for reasons stated in the staff report uh the need for variance. Excuse me. Did you say I think

it should be will not on item two will not need for the variance that he does not arise from the

need for the

does arise from some conditions failure to the property involved [snorts] for reasons stated in the staff report. Strict application of the terms of zoning ordinance will can constitute an unnecessary hardship if applied to the property for which the variance is sought for reasons stated in the staff report. The approval does not interfere substantially with the town's comprehens. So that the approval be made with subject to the following conditions that are stated in the staff report.

Is that good enough to have it just unless you want to add something that would be okay unless you wanted to add something more to it.

[snorts] So, so we're basically saying that it needs to have an all weather surface such as asphalt, concrete material that keep include the administration. administrative site plan be completed and ensure compliance with the parking and site requirements of the unified development ordinance. There would be no outdoor sign storage or sales of any type. At this time I have a motion. Do I have a second?

Second. Okay, we have a second roll call, please. Randy. I Tracy Kevin Tiffany I motion fails for the decision body that this varian petition is deny subject to the condition. do have next month.

Uh yes, you do. Okay. At this time, I entertain a motion to tonight's meeting. A second. Second. All those in favor say I. I. Thank you very much, everybody.