MINUTES OF THE MEETING OF THE ZONING BOARD OF APPEALS
WHICH TOOK
PLACE ON TUESDAY, AUGUST 19, 2003,
AT 6:30 P.M.,
IN COUNCIL CHAMBERS, CITY HALL,
1. ROLL CALL.
PRESENT: Board Members Lichtenwald, Pelton, Sutton, Higgins,
Holthof
ABSENT:
None
OTHERS PRESENT: Mark Ostgarden,
secretary; Cheri Standfest, Community Development Specialist and nine people in
the audience
2. APPROVAL OF MINUTES.
The minutes of July 15, 2003, were approved subject to the following corrections:
Page 2 first paragraph last line should read: providing the neighborhood with assurance.... Page 4 first paragraph second sentence should read: He did have safety concerns....
3.
PUBLIC HEARINGS AND CONSIDERATION.
Petition No.
03-10 Eagle Ridge Church of God for an area/dimension variance
for an increase in square footage and height of a church sign at 2808 Waldo
Avenue.
Jack Higgins son in law is a member of Eagle Ridge Church of God but he
said he would be able to vote objectively.
The Eagle Ridge Church of God is a new church in an OS-2 zoning
district. The church has 1000 of
frontage on Waldo Avenue. The site will
have two access points on Waldo Avenue.
The church desires to construct one sign, which will be 10 tall and
38.5 square feet. The Sign Ordinance
permits one sign to be 12 sf and five feet tall in Office Service zones. One half of the sign area is the church name
and the other half is an LCD reader board.
The secretary explained that the Sign Ordinance exempts church names
from sign requirements if the name is an individual sign. When its combined with other information, its
included in sign area. The secretary also explained that the sign could be 32
sf if in a residential area.
Bob Farney
spoke on behalf of the church. He
explained the sign depicted in the diagram may not be the exact sign that is
built. The location chosen is the most
appropriate given the church has plans to expand to the south. He was asked about putting exempt church
signs at each entrance and the LCD on the building. He did not think it would look appropriate to
have a sign on the building. The sign is
10 tall so the bottom of the LCD can be seen by motorists traveling on Waldo
Avenue. Also he thought that due to the
40 mph speed limit, a taller and larger sign was needed.
David Gray
who owns the Express Mart across from the church property spoke in support of
the sign. He thought having an
attractive sign was the best solution.
No one
else spoke in support of or in opposition to the request.
FINDING OF
FACTS Petition 03-10
1.
The property is zoned OS-2.
2.
There is substantial residential development across
Waldo Avenue.
3.
One person spoke in support of the request.
4.
There was no discussion with the Planning Commission
about signs at the site plan approval.
5.
Landscaping is required on the site.
6.
A new church is being built on the property.
7.
The northeast corner of the property has wetlands.
8.
Attachment 2 of the staff report identifies future
church expansion to the south.
9.
The speed limit on Waldo Avenue is 40 mph.
10.
The property has 1000 ft of frontage on Waldo Avenue.
11.
The church is setback 300 from the Waldo Avenue
right of way.
12.
There are two entrances on Waldo Avenue.
13.
There are multiple zoning districts on Waldo Avenue.
14.
There is an Express Mart convenience store across the
street from the property.
15.
There are duplex structures in an RA-4 zone on the
west side of Waldo Avenue.
16.
There is a juvenile detention center in a Community
zone located north of the site.
17.
The ABC building is located north of the property.
18.
The sign will have the church name and an LCD sign.
Because
the Board was not sure what the sign will look like there was discussion to
postpone a decision until the church can present the sign it desires. A motion was made by Jack Higgins and
seconded by Tim Lichtenwald to postpone a decision on the sign until the church
provided information on the exact sign.
Vote on
the motion
Yea: Lichtenwald, Sutton
Nay: Higgins, Holthof, Pelton
The motion
to table was denied.
A motion
was made by Jack Higgins and seconded by Sally Sutton to approve Petition 03-10
with the following conditions:
1.
The sign have a 60/40 height/width proportion.
2.
The total sign area is limited to 32 square feet.
3.
The sign is limited to eight feet in height.
4.
The sign be 50% name and 50% LCD reader board.
Jack
Higgins thought it would be unreasonable to have a smaller sign, he thought
conformity would be unnecessarily burdensome, the use is unique being a church
and the problem is with the Zoning Ordinance.
It is not the fault of the petitioner.
Woody
Pelton thought 1000 feet of frontage was a factor in that no other uses would
be built.
Sally
Sutton thought it important to have a sign taller than the landscaping, a
residential zone allows a larger sign and one sign would be more aesthetically
pleasing.
Tim
Lichtenwald agreed with what was said.
Hank
Holthof thought it important to get the sign higher and the property is a
unique piece of Office Service zoning.
Vote
on the motion:
YEAS: Higgins, Holthof, Lichtenwald, Pelton, Sutton
NAYS: None
The variance was approved.
Petition No.
03-11 Vincent and Mary Szilagyi for a variance to permit a garage
to be six feet from the property line at 5 Lexington Court.
The property is located in a Residential A-1 zoning district. The petitioners desire to construct an
attached two-car garage. The variance
request would place the garage six feet from the side property line where eight
feet is required. The other side yard
setback is 15. Several letters in
support of the variance were received.
The petitioners explained they desire the two-car garage for convenience,
safety, neighborhood improvement and resale value reasons. There was discussion about construction
options, which would meet setback requirements.
The petitioners explained that there were limitations such as window
locations and the desire to have a wide enough garage for two cars, which
limited their options. It was explained
that the new garage would extend three feet further than the existing
garage. The affected neighbor to the
east had sent a letter in support.
No one else spoke in support of or in opposition to the request.
FINDING OF FACTS Petition 03-11
A motion was made by Sally Sutton and seconded by Woody Pelton
to approve Petition 03-11.
Sally Sutton explained the reasons
given by the petitioner for the variance are important but not the reasons the
Board can use to grant a variance. She
found that meeting the requirements of the ordinance would be burdensome
because the petitioners would be giving up part of the house. The variance would do justice in that there
are many attached two-car garages in the neighborhood. The extra side yard setback on the other side
yard makes the property unique and the petitioner explained the house was
constructed in 1948 and the City is using an ordinance adopted in 1969.
Tim Lichtenwald thought the house
layout contributed to the uniqueness of the property.
Jack Higgins had difficulty with
the request. The petitioner considered
attached alternatives but not detached alternatives and there was room on the
property for a detached garage. He did
not think the house being built in 1948 was a factor.
Hank Holthof thought all criteria
were met except self created. He thought
many properties in older neighborhoods have the same dilemma.
Vote on the motion:
YEAS: Lichtenwald, Pelton, Sutton
NAYS:
Higgins, Holthof
The variance was approved.
4. Public comments before the Zoning Board of
Appeals.
There were no public comments.
5. Old/New Business.
The Board
discussed the compilation of comments submitted by members on the draft Zoning
Ordinance. It determined it should send
the comments to the Planning Commission for information. Staff had reviewed each of the comments and
thought there were many good points that were raised. Staff will forward those comments which were
substantive to McKenna.
The secretary
reported that the ZBA meetings will be televised live beginning in November.
The October
Michigan Society of Planning Conference was discussed.
The special use
permit submitted by AT&T was reviewed.
6.
ADJOURN.
Respectfully submitted,
Mark Ostgarden, AICP, CFM
THESE MINUTES ARE NOT
OFFICIAL UNTIL APPROVED BY THE ZONING BOARD OF APPEALS.