DRAFT

The Zoning Board of Appeals held a public hearing for the City of Crystal Falls in the Council Chambers of the City Hall on Monday, June 12, 2006 at 5:06 p.m.

Present: Mayor Hendrickson, Councilors Heikkinen, Valesano and Thrasher.

Absent: Councilor Stachowicz.

Also Present: City Clerk, City Manager, City Attorney, Mike and Kristin Onderak and a contingent of citizens.

The purpose of this hearing was to consider a zoning variance request from Mike and Kristin Onderak of 11 Wagner Street. The Onderaks were seeking a variance to allow commercial use in a residential district. The Onderaks plan was for an ice cream parlor/coffee shop type of business to be run out of a portion of their garage.

Mayor Hendrickson called for public comments regarding the Onderak’s request and the following comments were heard:

Jerry Fatturi of 332 E. Superior Avenue voiced concerns with the safety on M-69 and also asked if by granting this request, would other requests for commercial use in the residential area be allowed.

Gloria Chervo of 301 E. Superior Avenue asked if this variance is granted would it transfer with the sale of the property, would the special use continue to the new owner. (Manager Nordeman advised that it would continue to the new owner but only for the use specified in the original variance.)

Luther Baker of 320 E. Superior Avenue noted that he was advised that the commercial use of the property would continue if it was later sold.

GlenRose Fatturi of 332 E. Superior Avenue asked what would happen if each property owner asked for a use variance and the entire neighborhood ended up being commercial, she felt her property value would decrease.

Council comments were as follows:

Mayor Hendrickson noted that the Planning Commission has zoned the area in question as residential. She agreed that the Onderak’s plan was well done, however, she felt the neighborhood should be kept as a residential area and urged the development of the downtown area for commercial business first.

Councilor Valesano agreed with some of the concerns of the public and felt that although this type of business may not be very intrusive to the neighborhood that the people who live there should dictate the outcome noting that the neighbors immediately adjacent to the Onderak’s were not in favor of the variance.

Councilor Heikkinen commented that some of the positive comments received were from relatives of the Onderaks. She noted that she is not against the idea of an ice cream parlor/coffee shop, just the proposed location. She also made note of the fact that the Onderaks are building a new home at a different location and will not even live next to the business they propose to create.

Councilor Thrasher echoed some of the same comments made by the rest of the Council. He had too many concerns about allowing commercial use in a residential area.

Mayor Hendrickson called for additional comments from the Council or the public. There were none.

The Onderaks did not speak at this public hearing.

Clerk Olson noted that 13 letters of notification were sent to the property owners within 300 feet of the Onderak’s property. Of the 13 sent, 11 returned responses, 4 against and 7 in favor of granting the variance.

This Public Hearing was closed at 5:23 p.m.

The Council took action after moving back into the regular session and the following motion was made:

"Mayor Hendrickson seconded by Councilor Heikkinen moved to deny the Mike and Kristin Onderak request for a variance to allow a commercial use in a residential district at their home located at 11 Wagner Street in Crystal Falls.

Ayes: Mayor Hendrickson, Councilors Heikkinen, Thrasher, and Valesano. Nays: None

Motion carried."