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BZA tables Village Rose request to sell ice and firewood outside building on Bassett Road
Summary
The Board of Zoning Appeals heard a contested request from Village Rose to permit bagged ice and firewood outside at 328 Bassett, debated precedent and nonconforming‑use law, heard neighbor opposition, and voted 6-0 to table the application for further consideration.
The Board of Zoning Appeals on June 18 heard a request from Kristi Mulloy of the Village Rose, located at 328 Bassett, to permit the sale of bagged ice outside the building and (as amended during the hearing) to store/sell firewood outside the four walls. Mulloy told the board she faces interior space constraints and that offering ice helps create a "grab-and-go" convenience for customers.
Building Director Eric Tuck-Macalla and Law Director Barbour explained to the board that because Village Rose operates as a nonconforming retail use in a residential district, placing goods for sale outside the building can be treated as an enlargement of the use and therefore requires explicit permitting or a variance. As Barbour summarized, historically the city has held that the retail business must be "conducted wholly within the enclosed building," a reading he said comes from prior legal opinions and memos dating back to 1979 and later memos that interpreted enlargement as changes beyond the building footprint.
Board members expressed concern about precedent, with several saying they were comfortable allowing an ice machine but wary of permitting firewood or other outdoor sales in a residential zone. Neighbors spoke against the request, citing potential incremental commercial expansion and impacts to residential character. Resident Richard Majewski told the board he had not seen an ice machine at this location in his 43 years on Bassett and urged the board to preserve the historical inside‑only practice. Resident Roger Herrmann said he wanted the business to succeed but worried that outside vending could lead to noise or other outdoor activity near homes.
After discussion the board voted 6-0 to table the application (Motion by Scott Bruno; second by Jan Saurman) so the applicant can clarify the scope of the request and the board can consider conditions; the applicant asked to table both the ice and firewood elements.
Context: the transcript records references to a 1979 law‑director opinion and further memos interpreting enlargement of nonconforming uses; the board discussed whether any permit should be narrowly tailored and recorded to the specific operation.
