BROWN DEER PLAN
COMMISSION
HELD AT THE
BROWN DEER VILLAGE HALL
The meeting was called to order by Village President
Jaberg at 7:30 P.M.
I. ROLL
CALL
Present: Village
President Margaret Jaberg; Trustees Tim Schilz,
Excused: Commissioners
Also Present: Russell Van
Gompel, Village Manager;
II. PERSONS DESIRING TO BE HEARD
None.
III. CONSIDERATION OF MINUTES: January 12, 2004 - Regular Meeting
It was moved
by Commissioner Nees and seconded by Commissioner Raffensperger to
approve the regular meeting minutes of January 12, 2004. The motion carried unanimously.
IV.
REPORT OF STAFF/COMMISSION MEMBERS
Mr. Pederson provided updates on the proposed senior
housing development on
Mr. Thyes gave a brief summary of the recent code
enforcement activities and discussed the establishment of an Adult Family Home
in the 8300 block of
Mr. Van Gompel provided an update on the resolution of
the Brisben Property court case and stated that the issue will be discussed
with the Village Board at an upcoming meeting.
Commissioner Nees commended Staff on the informational
materials that were distributed to help clarify the Bradley Road Corridor redevelopment
process.
V. UNFINISHED BUSINESS
None.
VI. NEW BUSINESS
A)
Review a proposed text amendment to Section 4-4.02 of
the
Mr. Thyes summarized the current proceedings and its
history for the Commission. Mr. Thyes
stated that both Jeff Sterling, owner of
Attorney Cunningham gave a brief presentation about
the request and spoke about how allowing the limited ability of a merchant to
store items outside would help them remain competitive and would be consistent
with the Village’s visioning process.
Attorney Cunningham also requested a copy of the staff report that was
prepared for the Plan Commission.
Commissioner Raffensperger asked if there were any
other ways to accommodate the request, such as a square footage limitation on
exterior storage. President Jaberg spoke
of the discussions that took place during the initial plan review of the new
hardware store, in which a fenced area was established for the storage of
merchandise. Commissioner Nees
concurred. Commissioner Nees also
addressed the safety concerns over the exterior storage of fertilizers.
Mr. Sterling stated that he intends on maintaining a
neat and orderly display of merchandise and stated that if the merchandise is
“out of sight it is out of mind” from a marketing standpoint. Mr. Sterling went on to say that he would
keep approximately three-quarters of the merchandise stored within the fenced
area on the north end of the store and have the remaining merchandise displayed
in front of the store.
Commissioner McGuigan inquired about theft problems
coinciding with the exterior storage of products. Mr. Sterling stated that there have not been
any problems with theft to date.
Trustee Schilz voiced his concerns with the proposal
and stated that exterior storage is an eyesore.
Trustee Schilz discussed the photographs of Sterling True Value’s exterior
storage that were taken over the summer and stated that he did not approve of
the appearance. Trustee Schilz inquired
about the possibility of moving the items out for display during normal
business hours and moving them back to the fenced area while the store is
closed.
Mr. Sterling stated that the operation has been there
for 15 years and there have not been any problems. Mr. Sterling went on to say that the
merchandise changes with the seasons.
Attorney Cunningham stated that his client is looking for a limited
exterior display.
Trustee Schilz voiced concerns over the possibility of
setting a precedent for other businesses within the Village by allowing the
exterior storage of merchandise.
Attorney Cunningham again stated that the exterior storage would be
limited.
Commissioner Raffensperger inquired about the
possibility of allowing exterior storage within a particular zoning
district. Commissioner McGuigan added
that the exterior storage would have to be reviewed annually. Mr. Pederson discussed concerns with the
enforceability of such a proposal and business owners ability to distinguish
regulations between zoning districts.
Mr. Thyes voiced concern over enforcement of that particular proposal
due to the large number of commercial activities listed under the business
zoning districts that would be allowed to have exterior storage.
President Jaberg discussed the history of the
redevelopment of the site as well as the landscaping concerns. President Jaberg also stated that after
reviewing the photographs of the exterior storage she feels uncomfortable with
the proposed text amendment.
Trustee Nealy discussed the amendment process of the
landscaping plan and her concerns with the overall appearance of the site if
the exterior storage were allowed.
Mr. Pederson discussed the letter that was sent to Mr.
Sterling outlining the options he had to bring the property into compliance
with the Zoning Code. Attorney
Cunningham stated that a variance would be out of the question due to the
Commissioner McGuigan discussed how other hardware
stores have exterior storage and how a smaller store like this must have
difficulty competing with the larger operations. Commissioner McGuigan stated that there must
be someway to accommodate the applicant, possibly by limiting exterior storage
to hardware stores only.
Trustee Schilz stated that he does not want to see
exterior storage become the norm within the Village, and that he does not have
a problem with the display of products if they are put back within the fenced
area on the north end of the building after hours. Mr. Sterling stated that moving the products
in and out for display purposes would be too much work, and that the exterior
storage is a matter of convenience for the customer. Mr. Thyes questioned the convenience claim by
stating that a customer would have to drive around to the fenced area for larger
quantities of materials, due to that fact that the small amount of materials
displayed along the front of the store may not fill a larger order. Mr. Sterling stated that his customers
generally purchase small quantities.
Trustee Nealy stated that she understood the
convenience factor as well as the hardships involved, however the property is
one of the first to be seen upon entering the Village and that it should
represent the community by having a beautiful appearance. Trustee Nealy also voiced concerns over the
possible impacts allowing exterior storage would have on future redevelopment
efforts.
Commissioner Nees inquired about the possibility of
limiting exterior storage by establishing a squared footage or percentage
criteria. Village Attorney Dineen stated
that theoretically it could be accomplished.
Commissioner Raffensperger stated that a small area
for exterior storage is an operational aspect that would allow the store to
remain competitive. The Plan Commission
discussed other options for a limited area of exterior storage.
Commissioner McGuigan discussed a possible motion to
allow exterior storage as a conditionally permitted accessory use to hardware
stores subject to an annual review. Mr.
Pederson discussed past violation letters sent out and the precedent that this
would set for other businesses. Village
Attorney Dineen stated that the Plan Commission should consider the consistency
of such a proposal.
It was moved
by Commissioner McGuigan and seconded by Commissioner Raffensperger to
send a recommendation to the Village Board stating “Exterior storage would be
allowed as an accessory use for a Hardware Store upon the issuance of a
Conditional Use Permit. The motion failed 2-4 with President Jaberg, Trustee
Schilz, Trustee Nealy, and Commissioner Nees voting against.
It was moved
by Commissioner McGuigan and seconded by Commissioner Raffensperger to
direct Staff to prepare options that would accommodate Mr. Sterling’s request.
The motion failed on a vote of 3-3 with President Jaberg, Trustee Schilz and
Trustee Nealy voting against it.
Mr. Thyes clarified the recommendation options for the
Plan Commission.
It was moved
by Commissioner Raffensperger and seconded by Commissioner Nees to send
a “No Recommendation” to the Village Board, in the matter of the “Review a
proposed text amendment to the
B) Review a
proposed text amendment to the
Mr. Thyes presented a summary of the proposal and
discussed the possible changes to the Zoning Code.
Attorney Dineen discussed the status and licensing of
lending stores and stated that he is not sure if the Village has a right to
exclude lawful businesses from being established.
The Plan Commission directed staff to define the term
“loan offices”, and to determine how other municipalities in the area either
classify various types of financial institutions or prohibit them. The Plan Commission also discussed
enforcement possibilities of the proposed amendment.
VII. ADJOURNMENT
It was moved
by Commissioner Raffensperger and seconded by Trustee Nealy to adjourn
at 9:05 P.M. The motion carried
unanimously.
_____________________________________________
Andrew K.
Pederson,