MINUTES OF THE MEETING OF THE ZONING BOARD OF APPEALS,
WHICH TOOK PLACE ON
AT
1. ROLL CALL.
PRESENT: Board Members – Higgins, Sutton, Green, Lichtenwald and Holthof
ABSENT: Board Members – None
OTHERS PRESENT: Daryl Poprave, City Planner; Cheri
Standfest, Community Development Specialist, and 7 others
2. APPROVAL OF MINUTES.
It was moved by Higgins and supported by Holthof to approve
the minutes of the
The Chairman asked the Board if Petition No. 05-15 (Tabled)
could be moved to the front of the agenda because it was tabled at the
This motion passed unanimously.
a) Petition No. 05-15 – Richard Lapoe on
behalf of Subway Inc. for a non-use variance to permit additional signage on
the
Mr. Poprave reviewed the details of this petition. The board chose to table this request after the public hearing at the August meeting to get some additional information from the property owner. The property is all zoned Regional Commercial. It is bordered on the east by some residential, a church. The remaining surrounding properties are all regional commercial. There are spaces in Wal-Mart where Subway could place a sign if Wal-Mart would allow this. Staff stated that Mandy Sayer of Wal-Mart e-mailed a response to the City and Mr. LaPoe that stated Wal-Mart would not surrender any of their approved signage to a tenant.
Richard LaPoe,
Findings of Fact:
1. Property is zoned Regional Commercial.
2.
Property is located in the
3.
Wal-Mart was granted a sign variance for 600 sq. ft.
where 150 sq. ft. was allowed on
4.
Wal-Mart authorized the petitioner to act as an agent
for the Subway exterior sign permits on
5.
An e-mail dated
6.
An e-mail dated
7. The petitioner would be allowed a sign of 4 sq. ft. if the commercial use had an independent, exterior door.
8. Subway has no access to a ground sign.
9.
Subway restaurant is over 600 feet from
10. No communications were received either in support or in opposition.
Staff has stated that State law says we cannot grant the sign only to Subway. Under Michigan State Law, the variance goes with the property.
It was moved by Higgins
and supported by Holthof to approved Petition No. 05-15 based on the findings
of fact.
Holthof is concerned about the criterion #5 which states the problem and resulting need for the variance was created by strict compliance with the zoning ordinance, not by the applicant or the applicant’s predecessors. He feels Wal-Mart asked for much more signage than was allowed and they were granted significantly in excess of what was allowed by the ordinance.
Higgins agreed with Holthof. He feels bad for Mr. LaPoe, but Wal-Mart already has been given a significant amount of extra signage.
Green stated that that he does not think this Subway is an end destination for people coming to Wal-Mart. They may be coming to Wal-Mart as an end destination, but not solely for a sandwich in the Wal-Mart.
Sutton agrees with all the comments. She also thinks that this Subway is not an end destination. People who come there probably already want to shop at Wal-Mart. She finds great difficulty in allowing additional signage when such a significant amount has already been given.
Lichtenwald agrees with the remainder of the board.
Voting in support of the motion:
Green: No
Sutton: No
Lichtenwald: No
Holthof: No
Higgins: No
Petition No. 05-15 is
unanimously denied.
3. PUBLIC HEARINGS.
a)
No. 05-16
– Lapham’s Flowers for an extension of a previously approved temporary permit
at
Mr. Poprave showed a location map for property located
Michael Lapham,
The Chairman asked if there was anyone present who wished to speak in favor of this request, hearing none and seeing none the Chairman asked if there was in anyone present who wished to speak in opposition to this request.
Hearing none and seeing none the Chairman closed the public hearing and directed the Board to enter into fact finding.
Findings of Fact:
1.
Findings of Fact determined on
2.
Findings of Fact determined
3. #4 – the Petitioners desire two selling periods of May 1 – July 15th, and September 1 to October 31st.
4. Permanent no parking signs have been erected on the Hidden Pines drive by the petitioner.
It was moved by Mr. Higgins and supported by Sutton to approve the
re-issuance of the temporary permit with the conditions the same as before with
the following exceptions, based upon the findings of fact.
Sutton moved to amend the original motion to modify criteria #6 of the
conditions, to state that this permit will expire on
Vote on the Amendment:
Green: Yes
Sutton: Yes
Holthof: No
Higgins: No
Lichtenwald: Yes
Motion on the expiration amendment passes 3-2
Holthof offered another amendment to the amended motion that this
permit not expire until October 31, 2008.
The new amendment was supported by Sutton.
Vote on this Amendment:
Green: Yes
Holthof: Yes
Higgins: Yes
Sutton: Yes
Lichtenwald: Yes
The final amendment to Criteria #6
which creates an expiration date of
Holthof moved to amend the fall
hours of operation to be
All the Board members stated they can approve this motion now that it has a time limitation on it.
Vote:
Lichtenwald: Yes
Sutton: Yes
Green: Yes
Higgins: Yes
Holthof: Yes
Petition 05-16 was approved unanimously with the condition that this temporary permit will expire on October 31, 2008.
b)
No. 05-17
– Mark Kohtz or an area/dimension variance to permit a 6 foot tall privacy
fence to exist in the side yard setback at
Mr. Poprave states that this is a petition to allow a 6 foot
privacy fence to exist in the side yard setback. The location map shows the subject property
is located north of
Mark Kohtz of
Higgins asked the petitioner if knew how wide the gulley was on the south side of his property. Mr. Kohtz responded that there is a 5’ wide gulley located approximately 15’ south of his house. This gulley has natural vegetation in it.
Green asked the Petitioner if his house was for sale. The Petitioner stated that it was.
Lichtenwald asked the Petitioner if he had any small children. The Petitioner stated that he had a 3 yr. old daughter.
The Chairman asked if there was anyone present who wished to speak in favor of this request:
Jeff Kohtz of
Next, the Chair asked if there was anyone present who wished to speak in opposition to this request, hearing none and seeing none the Chair closed the public hearing and directed the Board to enter into fact finding.
Findings of Fact:
It was moved by Sutton
and supported by Green to approve Petition 05-17 based on the findings of fact.
Based on the criteria, Holthof has a problem with #5, the problem and resulting need for the variance has been created by strict compliance with the zoning ordinance, not by the applicant or the applicant’s predecessors. He can get by criteria #4 due to the 6-foot high fence next door at the apartment complex and the fact that the petitioner’s property is next to a more intensive residential use. He also feels the fence provides relief to the neighboring property owners as it does block some of the traffic and pedestrian noise.
Higgins feels that a 6-foot fence is reasonable in a back yard on a busy street. However, City Council does not seem to agree so he cannot get by the first criteria. He does not feel the apartment complex creates a unique circumstance that would allow him to get by criteria #4.
Sutton – We have a lot of busy streets in
Green agrees with his fellow Board members. The variance stays with the property and not with the property owner.
Lichtenwald stated that he also agrees. As you go west down Eastlawn, for the most part, you do not see many adjacent property owners erecting fencing at all.
Voting in support of the motion:
Green: No
Sutton: No
Lichtenwald: No
Higgins: No
Holthof: No
Petition 05-17 was unanimously denied.
c) No. 05-18 – Fifth Third Bank for an area/dimension variance
to permit four (4) signs on an ATM machine located at
Mr. Poprave explains that the site is located south of
Staff also states that they are putting together a packet to bring to the Planning Commission and City Council starting in November to revise many sections of the Zoning Ordinance including the sign section.
Tom Plummer of
The Chairman asked if there was anyone present who wished to speak in favor of this request, hearing none and seeing none the Chairman asked if there was in anyone present who wished to speak in opposition to this request.
Hearing none and seeing none the Chairman closed the public hearing and directed the Board to enter into fact finding.
Mr. Poprave stated that no communications were received.
Findings of Fact:
It was moved by
Higgins and supported by Sutton, to approve the Petition 05-18 for multiple
signs, not to exceed 150 sq. ft. including the canopy, based upon the findings
of fact.
Higgins has no problems with this variance. He did not have any problems with the petitioner meeting all of the criteria.
Sutton also has no problem. She feels all the criteria are all adequately addressed by the findings of fact.
Green agrees with the other Board members.
Holthof cannot get by criteria #1. Strict compliance will unreasonably prevent the property from being used for a permitted purpose. This is not burdensome. People know what these boxes are for. He does not believe this would prevent them from using the property for a permitted purpose. He feels that when the ordinance is changed this will take care of it.
Lichtenwald feels all of the criteria have been met.
Vote in support of the motion:
Green: Yes
Sutton: Yes
Lichtenwald: Yes
Higgins: Yes
Holthof: No
Petition 05-18 is
granted by a 4 to 1 vote.
4. Public Comments (not related to items on the agenda)
None
5. Old Business
None
6.
New Business
Roy Green attended the
7. Decision Sheet Signatures
a. 05-12 approval of findings of fact
b. 05-13 approval of findings of fact
c. 05-14 approval of findings of fact
d. Copies of signed and recorded decision sheets from previous meeting
8. Adjournment
The Chairman adjourned the meeting at
Respectfully submitted,
City Planner