MINUTES OF THE SPECIAL MEETING OF THE ZONING BOARD OF
APPEALS,
WHICH TOOK
PLACE ON THURSDAY, MARCH, 4, 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
OTHERS
PRESENT: Mark Ostgarden, secretary; Cheri Standfest, Community
Development Specialist, Roy Green, alternate member and five others
PUBLIC HEARINGS AND CONSIDERATION.
Petition No. 04-03 – Michael Lapham for a seasonal sales temporary permit at 1412
North Saginaw Road.
The secretary described the request for a seasonal sales temporary
permit. Lapham’s Flowers desires to sell
flowers and garden plants from the vacant property west of the Fast Eddies Car
Wash. The use will operate for two
months, May 1st to July 2nd. There will
be a 40’ x 120’ tent. Parking will be on
the north side of the site. The site has
access from the private drive that is owned by Hidden Pines Condominiums. The secretary explained that when the car
wash and the condominiums were approved, access to these sites had been
reviewed by the city traffic engineer.
It appears that the employees of Fast Eddies Car Wash are using the 11
parking spaces allocated for Lapham’s. Customers cannot park west of the
dumpster as it is not an improved surface.
One letter
in opposition to the request was received.
Mike Lapham, 2816 Scott Street,
stated that the only tools they will need will be a watering hose.
The agreement they have with Mr.
Latavis is that they can use the 11 parking spaces on the north boundary of the
site for their business. Lapham’s will
only require one space for employees, as it is a family run business. At their old location, they had only three or
four parking spaces.
Higgins wanted to know what the
feeling was about people parking along the private drive.
Mike Lapham stated that obviously
they do not want traffic to interfere with Mr. Latavis’ business. There is a small electrical outlet on the lot
they will have access to. Arrangements have been made with Mr. Latavis to hook
up a garden hose for water.
Dave Lapham, from Mt. Pleasant,
stated that he has been putting up a 40’ x 160’ tent in Mt. Pleasant for 20
years.
Clara Hancock of 4919 Hidden Pines
Court, President of Hidden Pines Condominium Association, stated that it is
very congested at the end of the court with trucks doing construction and
building going on at Pizza Hut. Cars
will have to proceed to the end of the street to turn around.
FINDINGS OF FACT:
1.
The
petitioner has been in the flower sales business in Midland for 40 years.
2.
The
property is zoned BB-2.
3.
It
is 150’ x 150’ in area.
4.
The
primary access is via a private drive to North Saginaw Road and a secondary
access is a right-in/right-out driveway.
5.
The
area for the proposed use is vacant.
6.
The
property will be leased to sell flowers and garden plants from May 1st
to July 1st.
7.
No
permanent structures will be constructed in conjunction with the proposed use.
8.
A
40’ x 120’ tent will be constructed and inspected by the Fire Department.
9.
Hours
of operation are from 8:00 a.m. to 8:00 p.m. daily.
10. Parking is provided on the north
side of the property.
11. Commercial operations are located to
the east and west of this site.
12. Residential property is located to
the north.
13. One letter in opposition was
received.
14. One person spoke in support of the
request and one spoke in opposition.
15. A review of traffic and access to
this property was conducted by the City Traffic Engineer.
16. Signage is to be on the tent.
Commissioner Higgins wanted to know
if, in the lease, there is an agreement to use the 11 spaces on the north side.
Mike Lapham stated that the agreement
is to be able to use the parking spaces on the north side. It does not specify 11 spaces, but it stated
the parking on the north side.
The Board asked how many employee
parking spaces are required for the car wash and for the oil change
business. The secretary stated that the
parking requirements identify the number of stacking spaces and parking spaces
for each change bay. There is no mention
of required employee parking. The
secretary stated, however, that they do not have to be provided. If there are 8 employees, then 8 parking
spaces for them are needed. Mike Lapham
indicated a couple of employee spaces were not shown on the diagram.
The secretary asked Mike Lapham that
during the best case scenario how many parking spaces would they require. He indicated 7-8 spaces would be needed.
A motion was made by Jack Higgins
and seconded by Hank Holthof to approve petition #04-03 based on the finding of
facts and with the following conditions:
1.
Hours
of operation are 8:00 a.m. to 8:00 p.m. daily.
2.
Sales
are limited to flowers, hanging baskets and garden plants.
3.
The
tent is not to exceed 120’ x 40’.
4.
“No
Parking” signs are to be constructed along the private drive on private
property.
5.
The
permit will be for May 1st - July 2nd.
6.
Approval
is for an annual permit, subject to review by the Zoning Board of Appeals.
7.
A
$500 bond shall be posted prior to opening for business.
8.
The
site must be restored in accord with agreement with the property owner.
9.
Closure
of the site required by July 3rd.
Hank Holthof’s comments were that it is for a short
period of time, business is allowed on this site, parking is to the back of the
area and traffic has been looked at by the City Engineer, no building will be
going up, only a tent, and it does not change the current use.
Higgins, Dunn and Lichtenwald all agree with Holthof.
Sutton cannot support this motion due to traffic flow
and congestion. Traffic changes over
time.
Vote on the motion:
Yea: Dunn,
Higgins, Holthof, Lichtenwald
Nay: Sutton
The temporary permit is approved.
4. Public comments before the Zoning Board of
Appeals.
None
5. Old/New Business.
The secretary reminded
Hank Holthof and Tim Lichtenwald that their applications for reappointment are
due March 8th.
The Secretary reported no
cases for the regular March 16th meeting. The Board decided that the regular meeting
should be cancelled.
6. ADJOURN.
Respectfully submitted,
Mark Ostgarden, AICP, CFM
THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE ZONING
BOARD OF APPEALS.