D'Antonio Gets The Go Ahead For Storage Facility

IRONWOOD, MI - Friday, August 22, 2008 - Bob D'Antonio, owner of Red's Auto in Ironwood, appeared before the Ironwood Planning Commission Wednesday evening requesting issuance of a conditional use permit for his property located at 300 Greenbush Street - the former Colonial Skateland Building.

Earlier this year D'Antonio purchased the building and has since done major improvements to the property. D'Antonio told the Commission that he originally purchased the building to use for his own personal storage, however, people were stopping at Red's asking about renting space.

Community Development Director Dan Petersen told the Commission that all of the residents in the neighborhood were sent notices of the public hearing and that he had not received any responses in opposition to issuing the permit. He said the only complaints he has ever received on the building since D'Antonio has owned it, were for a bright light on the front of the structure. Petersen said he received several complaints regarding the light, but it was the same complainant voicing his concerns. He told the Commission that D'Antonio immediately took steps to correct the problem as soon as he was told it was bothering a neighbor.

Petersen also presented the Commission with a faxed letter of support from Mr. Richard Michaels, Wausau, Wisconsin. Michaels wrote in his letter, "I went by the Colonial on my last visit to Ironwood and was extremely impressed in what I saw. The Colonial building has never looked as good as it does now. The area surrounding the building is also improved. A lot of credit must be given to the new owner, Robert D'Antonio."

"I do not have any objections to his business plans for the building." Michaels wrote, "He should be complimented for his investment and faith in Ironwood. Others should take notice of the improvements and do the same to their dwellings and buildings. Anyone that invests in and enhances the beauty of Ironwood should be encouraged. Negative attitudes should be suppressed. I totally support him in his endeavors."

Neil Beckman stood up and explained that he was raised in the general neighborhood, and he still lives close to the Colonial building. He told the Commission that the building is greatly improved and he fully supported the issuance of the permit.

Roy Collins echoed previous statements regarding the building's improvements, but he expressed concern about rezoning the property to be commercial. He said he was concerned if  D'Antonio sold the building and it was commercially zoned, anything could go in that building. The Commission informed Collins that the permit did not change the zoning of that building -- it would remain residentially zoned.

Former Ironwood Public Safety Director Leroy Johnson  also addressed the Commission. He also agreed that the building looks great. He did question, however, if a conditional use permit was applicable in this case. Johnson pointed out that the city ordinance clearly states that conditional use permits were for new construction. "This is an existing building!" Johnson said.

Secondly, according to the ordinance, Johnson said, an application must be made and a site plan must accompany that application.

"He didn't change the building!" Wyssling interrupted.

Johnson responded to Wyssling's comments by stating that the ordinance doesn't specify that a building needs to be changed to require a the submission of a site plan. He repeated that a site plan is required with the application for a conditional use permit.

"State statue requires and the ordinance requires it, and it's not here." Johnson said, "I'm not against it! The application is incomplete."

Johnson pointed out that, in the past, the Planning Commission approved similar conditional use permit for cold storage and an impound lot. A building permit was issued for a cold storage facility. It became an auto body repair shop. "They violated the conditional use permit -- entirely!" Johnson said, "Is this going to happen again? I don't know! All I can tell you is what happened in the past!"

Johnson also expressed concerns about what will be stored in the building. He said he asked Mr. Petersen and he said it would vehicles and snowmobiles. Johnson told the Commission that storage of motor vehicles in such a facility would require a fire suppression sprinkler system.

"Why does it have to be?" Commissioner Mark Fitting asked.

"Because it is a fire hazard!" Leroy replied, "It's hazard storage. You've got gasoline. You've got oil..."

"What does the law say on square footage?" Fitting asked, "There's a certain size before a sprinkler system is required!"

Johnson admitted that he doesn't know, but he went on to say that this is precisely why  site plan is required with such an application.

"So maybe the sprinklers are not an issue!" Fitting said.

"The question I asked," Johnson responded, "Is do YOU know if sprinklers are required? If you had a site plan, you'd have some of that information."

Commissioner John Kasieta said that he believed if a sprinkler system were an issue, D'Antonio's insurance company would have pointed that out or refused coverage.

"We're looking at City and State codes! You're not an insurance company!" Johnson said, pointing out that it's the Planning Commission's job to make sure City and State codes are followed. "We have to make sure that the codes are upheld!"

"There are homes close to it!" Johnson continued, "If that wood-framed structure burns they're going to be involved!"

John Wyssling said, "Leroy, I think you're carrying this a little bit too far. You know, he's cleaned up something that was an eyesore..."

"Absolutely!" Johnson interrupted.

"It's not an issue!" Wyssling continued.

"Alright, it's not an issue!" Johnson retorted.

According to Johnson, conditional use permits are not authorized in R1, R2, R3 or R4 (residential properties). They are allowed, however, in "C2, C3 (commercial properties) and O5 (open land). Since the old Colonial building is zoned residential, according to Johnson, a conditional use permit cannot be issued. The property would first need to be re-zoned as commercial before a conditional use permit could be granted.

With that, Wyssling thanked Johnson for his comments and the Commission.

Dan Petersen explained that a conditional use permit was required because D'Antonio was going to rent out storage space. If he was going to use the property for his own personal storage, such a permit would not be needed.

Commissioner John Kasieta made a motion to approve the conditional use permit for the building. Commissioner Mark Fitting seconded the motion. Chairman Wyssling asked if there were any comments or questions before the vote.

Commissioner Sam Davey asked if the conditional use permit was only for D'Antonio or if it went with the property. Wyssling said, if the property is sold, the conditional use permit is no longer valid.

Commissioner Jackie Powers asked, in light of the issues Mr. Johnson brought up, if the Commission were allowed to grant a conditional use permit.

Dan Petersen told the Commission that, in his opinion, it is okay to vote on approving the permit. He said he felt safe in allowing a vote. He pointed out that he isn't a lawyer, but he was reasonably safe that the Commission had the authority to approve or disapprove the permit under these circumstances.

"Dan," asked Fitting, "Do you feel we can vote on this!"

"I feel comfortable granting a conditional use permit!" Petersen said.

"We have a motion on the floor! We got a second!" said Fitting, "Let's vote!"

A roll call vote was initiated. The first Commissioner called was Debbie Bowles.

"Do you feel good about this Dan... conditional use?" Bowles asked with obvious reservations about voting, " Not to put it all in your corner, I'm listening to what everyone has to say, but I want to make sure we are following protocol that's going to be in place for now and in three years from now and straight forward! That's my biggest concern! "

Petersen stated he didn't want to make any comment during a roll call vote. Wyssling reminded Bowles that the comment section of the hearing was now closed and that a roll call vote was in progress.

Reluctantly, Bowles voted YES. Commission Secretary Jane Bowman continued the roll, and the voting went like this... Davey, YES; Fitting, YES;  Kasieta, YES; Powers, YES;  Rayner, YES; Schonberg, ABSTAIN...

"You can't abstain!" said Fitting.

"I don't want to vote!" Schonberg stated.

Bowman finished the roll with "Wyssling?"

"YES." Wyssling said.

"Motion carries." Bowman said.

With that Chairman Wyssling closed the public hearing.