MINUTES OF THE MEETING OF THE ZONING BOARD OF APPEALS,
WHICH TOOK
PLACE ON TUESDAY, FEBRUARY 17, 2004,
AT 6:30 P.M.,
IN COUNCIL CHAMBERS, CITY HALL,
1. ROLL CALL.
PRESENT: Board
Members – Dunn, Higgins, Holthof, Lichtenwald, and Sutton
ABSENT: None – One vacancy
OTHERS
PRESENT: Mark Ostgarden, City Planner; Cheri Standfest, Community
Development Specialist; Jim Branson, City Attorney and nine people in the
audience
APPROVAL OF
MINUTES.
It was moved by Higgins and supported by Lichtenwald to approve the minutes of December 16, 2003. They were unanimously approved with the following corrections:
Petition 03-18. Second paragraph should read, One letter of support was received.
Page 2, Petition 03-22. Findings 4 and 5 should have the word “high” inserted after 6 and 3-1/2.
Page 6, Petition 03-21. Finding # 5 should read the sign is 1236 sf.
PUBLIC HEARINGS AND CONSIDERATION.
a. Petition No. 04-01 – James E. Johnson for a use
variance, to allow Kays Logo Worx to conduct business at 3622 North Saginaw
Road.
The secretary described the request as
a use variance to permit an embroidery and screen printing business in an
Office Service 2 zone. He listed the
uses which are not permitted in the zone and reviewed the list of permitted
uses allowed by the Zoning Ordinance.
The request is a use variance requires a 4/5 vote of the Board for
approval.
Richard Handlon explained that the
property has been vacant for the past 15 years. It is zoned OS and is in the
flood plain. This business does not sell
retail. They have four employees and
operate Monday through Friday from 9:00 a.m. to 5:00 p.m. The property is unique. The operation is completely internal and
requires no changes to the building or the parking lot. It is not a rezoning request, but a variance
for a very small portion of the property.
It will not generate as much traffic as the ATM across the street.
Jack Higgins asked if the property
had been actively marketed for the past 15 years.
Jim Johnson, owner of the property,
stated that the Elks organization is not permitted to advertise space for lease
under national regulations. Mr. Johnson
purchased the property in October 2003.
Mr. Johnson stated that he has had a sign out front since October.
Joe Dunn wanted to know what
percentage of the area will be used by this business.
Mr. Handlon stated that the entire
2,000 square feet described here will be used, but the entire building is about
9,300 square feet.
Richard Miller, at 3600 North
Saginaw Road, had no objection. He
stated that 20% of the office space in Midland is vacant right now.
Richard McCreadie, at 601 South
Saginaw Road, is strongly opposed to the use variance. This business is strictly retail sales. They use large ovens as well as strong
solvents. The ovens are heated to over
300 degrees. There is all kinds of retail
space available.
Robert Carlson, of 3415 Marvo Court,
stated he has concerns about the business.
He is a professional in the printing business and he thinks that
solvents are used in the screen printing business. The property went from RA-01 to OS-2. What will it be next?
No one else spoke in support of or
in opposition to the request.
FINDINGS OF FACT:
1.
Front of building has been vacant for
15 years.
2.
The property is located in flood plain
of Sturgeon Creek.
3.
The property was purchased by Mr.
Johnson in October 2003.
4.
Vacant portion was not advertised for
rent prior to purchase by
Mr.
Johnson.
5.
The property is zoned OS-2.
6.
One individual spoke in opposition, two
in support, one verbal inquiry of staff.
7.
Land use plan shows area as Office
Service.
8.
This property is located on North
Saginaw Road.
9.
There is an office building right next
door (east side).
10. Staff
reviewed permitted uses allowed in an OS-2 zone.
11. Free
standing sign presently exists on the property.
12. Parking
exists on east, north and west sides of the building.
It
was moved by Jack Higgins, seconded by Hank Holthof to approve the request
based on the Findings of Fact.
Jack Higgins began the deliberation
explaining that he thought they cannot meet any of the criteria. There was no
information to demonstrate that the property could not be put to a reasonable
conforming use. There is nothing unique
about the property; the use of flammable solvents was cause for concern and not
in keeping with the character of the neighborhood.
Sally Sutton concurred with Mr.
Higgins review.
Joe Dunn thought there were plenty
of uses for which the property could be used for. Hank Holthof commented that there was no
information presented to demonstrate why the property cannot be put to a
reasonable use.
Vote on the motion:
YEAS:
None
NAYS:
Dunn, Higgins, Holthof, Lichtenwald, Sutton
The variance was denied.
b. No. 04-02 – First Choice Auto Sales, for an
area/dimension variance to display used vehicles in the front yard setbacks at
608 East Ellsworth Street.
The
secretary explained that a gas station at the corner of Ellsworth Street and
George Street is being planned for a used vehicle sales. The lot is 120’ x 130’ and located in a BB-2
zoning district. The zoning requires the
storage of merchandise, used vehicles, to be located 25’ back from the property
line. The petitioner desires to place
the vehicles 8’ from the property line to utilize the existing asphalt. This will require a 17’ variance.
Mr.
Starks provided photographs of the property and the car dealership across the
street. The photos depict how the
existing car dealer displays vehicles up to the property line.
Hank
Holthof inquired if other property in the area was allowed to park up to the
property line. The secretary explained
that they could. The vehicle sales
parking across the street is a grandfathered situation.
Richard
Miller stated that this property has been vacant since 1993.
FINDINGS
OF FACT:
1. The property is zoned BB-2.
2. Vacant since 1993.
3. One person spoke in support.
4. Corner lot is bounded by Ellsworth
Street (130’) and George Street (120’), which is part of an exit ramp.
5. Former use was a gas station that began
in 1964.
6. Prior to the gas station, the use was a
residential structure.
7. A DEQ report was provided indicating
the site is “clean”.
8. Signed purchase agreement cannot
proceed without the variance.
9. A car dealership exits across the
street to the north.
10. Gas station exists across the street to
the north.
11. No parking is permitted on Ellsworth
Street or George Street.
12. The south end of the canopy extends into
the required setback.
13. The site is landlocked by two streets and
McKay Press.
Motion
by Sally Sutton and seconded by Jack Higgins to approve a 17’ variance based on
findings of fact with the following three conditions:
1. That the grassy area shown on
attachment 2 remain as grass or other live materials.
2. The lot itself must be paved.
3. The vehicles cannot extend into the
area of the live material.
Sally
Sutton feels all four criteria have been met.
She commented that someone has found a viable use for the property which
is beneficial.
Jack
Higgins and Tim Lichtenwald concurred.
Joe
Dunn stated that the setback requirements would take about 1/4 of the property
and it is a small lot to start with. He
though this would be burdensome.
Hank
Holthof thought that no parking on the adjacent streets was a factor which
affects the property. He commented what
business would want to use a property of this size.
Vote
on the motion:
YEAS:
Dunn, Higgins, Holthof, Lichtenwald, Sutton
NAYS:
None
The variance was approved.
4. Public comments before the Zoning Board of
Appeals.
None
5. Old/New Business.
The secretary reported on the resignation of Vice Chair Woody
Pelton. Sally Ann Sutton nominated
Jack Higgins for Vice Chair and it was seconded by Hank Holthof. Motion to
close the nominations by Sally Ann Sutton and seconded by Hank Holthof. Unanimously approved.
By voice vote the Board unanimously approved Jack Higgins as Vice Chair.
Sally will write a letter to Woody from the Board and bring it next month
for signatures.
Sally Sutton asked why there is no ordinance requiring snow removal from
sidewalks. The secretary referred her to
the City Attorney’s office.
Mark Ostgarden made a request for a special meeting. A request for a temporary permit by Laphams
Flowers has been received. They desire
to use the property adjacent to Fast Eddies Car Wash for seasonal sales. Waiting until the next regular meeting will
affect their ability to order flowers for this year. The consensus of the Board is that a special
meeting will be held on Thursday, March 4, 2004 at 6:30 p.m.
Mark Ostgarden reviewed a communication from Selina Tisdale regarding
appointments to Boards and Commissions.
Incumbents are asked to get their application in by March 8th
if they desire to be reappointed.
6. ADJOURN.
The meeting
adjourned at 9:00 p.m.
Respectfully submitted,
Mark Ostgarden, AICP, CFM