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,

MIDLAND, MICHIGAN

 

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. 04-03Michael 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. 

The meeting adjourned at 7:58 p.m.

Respectfully submitted,

 

 

Mark Ostgarden, AICP, CFM

Secretary

 

 

THESE MINUTES ARE NOT OFFICIAL UNTIL APPROVED BY THE ZONING BOARD OF APPEALS.