ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, March 23, 2006
7:00 p.m.

The meeting of the Zoning Board of Appeals was called to order by Robert Marz, Chairman at 7:00 p.m. at City Hall 4243 Remembrance Rd., N.W., Walker, Michigan.

Members present: Robert Marz, Chairman; Roger Crabtree; Charles Deshaine; Jay VanSoestberg; Ken Fex; Rebecca Haven; and Tyler Korfhage. Also present: Jeff Nelson, Building Official; Dick Denney, Building Department and Bonnie Antcliff, Recording Secretary.

Property located at 935 Kusterer also known on the tax rolls as 41-13-20-201-047. Hearing requested by John Kuiper.

The applicant’s request is to split existing parcel creating 3 lots with 66.6 ft. of street frontage and 132 ft. deep. All existing buildings to be removed.

Robert Marz, Chairman reviewed the application and site plan submitted. No other citizen appeared with respect to this request.

Jeff Nelson stated that we are looking at frontage and area per lot. It is less than 11,880 ft. and less than the 90 ft. required frontage.

Ken Fex asked if someone was living in the house?

Ms. Strobel stated that she is living in the house.

Mr. Fex asked if it was the intent of Ms. Strobel to move into one the 3 houses proposed?

Ms. Strobel replied that she did not think so. She said that when this was started, she planned on moving out of the area.

Ken Fex asked if the applicant had thought about putting two houses on this property?

Mr. Kuiper replied that he felt that these size lots, where he plans on building houses, would be affordable family homes. They will be 1600 sq. ft.

Robert Marz asked if there was water and sewer on this street?

Jeff Nelson replied that yes there is.

Rebecca Haven asked if there was anything unusual about this property?

Ken Fex replied it is a wooded area and it is hard to see the house that is there.

Mr. Kuiper stated that the existing house would cost too much money to fix up.

Roger Crabtree stated that he sees nothing extraordinary about this property. It could be split in two and it would comply.

Rebecca Haven agreed. The lots referred to in the application probably predated the ordinance.

Chuck Deshaine stated that if the property is split in two he would not need a variance.

Ken Fex moved and Jay VanSoestberg supported the motion to deny the applicant’s request to split existing parcel creating 3 lots with 66.6 ft. of street frontage and 132 ft. deep. All existing buildings to be removed.

Motion carried 7 to 0.

Property located at 4289 Lake Michigan Dr. also known on the tax rolls as 41-13-10-453-024. Hearing requested by Kelly Heukels.

The applicant’s request is to operate a tattoo shop which is a regulated use located closer than 100 ft. from a residentially zoned property.

Robert Marz, Chairman reviewed the application and site plan submitted.

Ms. Heukels stated that there is a lot between the property she is renting and the residential area. It is approximately 50 ft.

James Hickey 430 St. Clair stated that he does not feel this is a family friendly business. A tattoo shop does not bring family friendly business to the area. This business is not in compliance. The lot Ms. Heukels is talking about is 60 ft. between this lot and his residence. He does not want the variance to be granted.

Mr. Marz then read a letter from the Walker Downtown Development Authority dated March 16, 2006 objecting to this request.

Ms. Heukels stated that she is a volunteer at W. Michigan Academy and she volunteers in the community anytime she can. No rubbish is thrown away on site and everything is completely sterile. There is no danger to anyone in the area. She went on to say that she would not put anyone in danger. She stated we do tattoos, air brushing, and body piercing. She went on to say that she was told by someone at Walker that if she had her DBA she would be allowed to open. She did not get the name of the person she talked to. She stated that Mr. McGladdery came in and told us we were not in compliance. The pawn shop next door is bringing in lower class citizens as the police are there looking for stolen merchandise.

Chuck Deshaine asked the applicant if she is currently operating?

Ms. Heukels replied that Mr. McGladdery told her that she could operate until this hearing. She stated she has a year contract with the landlord.

Jeff Nelson stated that he did not feel that contract with the landlord was valid since this is not a permitted use.

Charles Deshaine stated that he is surprised that as sensitive as a tattoo shop is, that the ordinances were not looked at before considering operating there.

Roger Crabtree asked if there were any other businesses in the area that fall under the regulated use?

Jeff Nelson replied that no other regulated uses are in the area.

Robert Marz asked the applicant if she was licensed?

Ms. Heukels replied that you do not need a license to be a tattoo artist in the State of Michigan. She said she has to renew her certificate for a class she has to take in Lansing. She wanted to know the outcome of this hearing before paying for the class. She went on to say that she only does business with legal adults. Teenagers are not allowed.

Tyler Korfhage stated that he did not see anything exceptional or extraordinary about this property. He went on to say that he does not have a problem with a tattoo shop but since it is a regulated use and the ordinance is so clear on this, he would have to vote no on this.

Tyler Korfhage moved and Chuck Deshaine supported the motion to deny the applicant’s request to operate a tattoo shop which is a regulated use located closer than 100 ft. from a residentially zoned property.

Motion carried 7 to 0.

Ken Fex moved and Rebecca Haven supported the motion to approve the minutes of the Zoning Board of Appeals minutes of March 9, 2006.

Motion carried 7 to 0.

Tyler Korfhage moved and Ken Fex supported the motion to adjourn the Zoning Board of Appeals meeting at 7:50 p.m.

Motion carried 7 to 0.

_______________________

Roger Crabtree, Secretary

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