February 7, 2011
PLAN COMMSSION
7:00 p.m.
Mike Weinkauf called the meeting to order at 7:00 p.m. with Chris Johnson, Tom
Rowntree and Mark Tamblyn present.
Paul Beere, Maureen Eckert and James Joseph were absent.
Sandi Swan, Secretary and Jonathan Schattner, Zoning Administrator was also
present.
Johnson moved, 2nd by Tamblyn to approve the minutes of the November 1, 2010
meeting. Motion carried.
Zoning permit/Temporary Site Plan Review to sell Consumer Grade
Fireworks from a 30’ x 40’ Canopy Tent from June 16-July 10, 2011 at 2723 Beck
Dr. (Burger King parking lot)
Applicants: Vince & Heather Siegel; Owner: Southern Foods Corp
Parcel # 176-031901021000
Schattner addressed the Commission and stated that the request is similar to
what the applicants have presented in the past two years. A site plan was
provided that showed the locations of the tent, storage container and banner.
Schattner stated that it is his recommendation that they approve the request
subject to the following conditions:
1) It is the responsibility of the applicant to
obtain a zoning permit card, at a cost of $60.00 from the Village Zoning
Administrator, prior to conducting the temporary sales of fireworks on this
property. The zoning permit card must be displayed in a prominent location at
the project site, and a copy of these conditions must be kept at the project
site at all times, during the time that the fireworks sales is taking place on
the subject property.
2) The proposed 30’ x 40’ flame retardant tent,
the 8’ x 20’ storage container and the 4’ x 10’ banner sign must be located
according to the submitted plan, received on January 21, 2011.
3) The proposed sales activity must be contained
within the tent area and there shall not be any outside displays or signs
located within the right-of-way of Highway 36 and Beck Drive.
4) The temporary fireworks sale activity shall
comply with your Business Operational Plan, attached to your application
request, received on January 21, 2011.
5) The temporary fireworks sales activity may be
conducted from June 16, 2011 through July 10, 2011 from 8:00 a.m. to 10:00 p.m.
The tent, storage container, and banner sign must be removed from the property
by July 14, 2011.
6) All parking for this operation must be on-site.
No parking is permitted along the public right-of-way of Beck Drive or State
Trunk Highway 36. The applicants may have to direct vehicles on-site to
avoid drivers hesitating/stopping on the road. The applicants are
responsible for ensuring that all the parking for this temporary sales activity
is located within the designated on-site parking spaces on this property.
7) The proposed fireworks sales shall comply with
the Village of Rochester fire codes.
8) There shall be no firework demonstrations or
other ignition or use of fireworks conducted on this property.
9) The applicants are responsible for keeping this
area free of refuse or debris from the temporary use on a daily basis.
10) The applicant must obtain all necessary federal,
state, and local permits, approvals and licenses and comply with all applicable
codes and regulations.
11) The applicants must comply with
the provisions of Article VII, Division 4. Performance Standards found in
Chapter 20, Zoning, of the Village of Rochester Zoning Ordinance County Code of
Ordinances. (See attached copy)
12) The Village of Rochester accepts no liability through the
issuance of this temporary approval for this site, or any proposed operations or
fireworks sales.
13) No additions, deletions, or
changes may be made to the project, site plan or these conditions without the
Village of Rochester Planning Commission, prior approval. All additions,
deletions, and/or change requests must be submitted in writing to the Village
Planning Commission, for their review and approval.
14) The applicant must allow the
Zoning Administrator or a Village employee full and unlimited access to the
project site at a reasonable time to investigate the project’s construction,
operation, and maintenance.
15) Failure to comply with the terms
and conditions of this approval could result in the issuance of citation(s) and
permit revocation.
16) Your acceptance of this
approval/permit and beginning the project means that you have read, understand,
and agree to follow these conditions. Therefore, Vince and Heather Siegel,
Burger King (Dan LuPont), their heirs, successors, and assigns are responsible
for full compliance with these conditions.
17) It is the property owner’s
responsibility to inform any subsequent owner or operator of these conditions.
After light discussion, Johnson moved, 2nd by Tamblyn to approve the zoning
permit/temporary site plan for Vince and Heather Siegel to sell consumer grade
fireworks from June 16 – July 10, 2011 at 2723 Beck Dr. subject to the
conditions that Schattner recommended. Motion carried.
Rowntree moved, 2nd by Tamblyn to adjourn at 7:17 p.m. Motion carried.
Respectfully submitted by,
Sandi Swan
Deputy Clerk – Treasurer