ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, May 11, 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; Rebecca Haven; Randy Smith, Alternate; Ken Fex; and Tyler Korfhage. Member absent: Jay VanSoestsberg. Also present: Jeff Nelson, Building Official; Dick Denney, Building Department; and Bonnie Antcliff, Recording Secretary.

Property located at 3202 Milo St. also known on the tax rolls as 41-13-17-429-036. Hearing requested by Christy Kiefer.

The applicant’s request is to install a 6 ft. privacy fence 30 ft. into the second front yard on Benning.

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

Christy Kiefer stated that she wants to bring the fence half way up to the front of the house so that it will be more open. There is a drainage ditch in the backyard so there is not much room in the backyard. There is no privacy because the whole side of the house is open. She wants a fenced in area for her dog and kids to play.

Robert Marz stated that he would like to see a site plan on this request.

Ms. Kiefer complained of vehicle lights.

ZBA 5-11-06

Ken Fex asked where the light shining in the home is coming from?

Ms. Kiefer replied that it is from traffic coming down Benning St. At night she gets a lot of lights shining in the house from traffic. The fence will be on the east side of the house.

Robert Marz stated that he would like to see this application tabled and have the applicant submit a drawing or sketch of the house,street corners, etc. and where the fence will be built.

Charles Deshaine stated that he did not feel there will be any obstruction with a fence on the property.

Tyler Korfhage concurred and felt that a fence here would be very unobtrusive.

Ken Fex moved and Tyler Korfhage supported the motion to table the applicant’s request to install a 6 ft. privacy fence 30 ft. into the second front yard on Benning for two weeks so that the applicant can provide a site plan.

Motion carried 7 to 0.

Property located at 2648 Kenowa, SW also known on the tax rolls as 41-17-07-300-010. Hearing requested by Consumers Concrete.

The applicant’s request is to build a concrete batch plant 75 ft. in height instead of the required 45 ft.

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

Jeff Nelson stated that the batch plant is a permitted use in the MH District, we are only here tonight because of the height of the building.

Carl Dietrick, 4650 West Grand Blvd. is the Regional Manager for Consumers Concrete. He stated that materials are stored overhead and we use gravity to feed those materials down for the mixing of the concrete. Most batch plants are set up the same way.

Roger Crabtree asked what the size of the footprint of the building will be that is going to be 75 ft. tall?

Mr. Tom Thomas showed pictures of a building that will be similar to the one proposed.

Robert Marz asked how long will this operation be?

Mr. Thomas replied that it will be a permanent operation with a maintenance facility that will probably employ 30 to 35 people.

Robert Marz asked if anyone has talked with the State of Michigan about the traffic in and out of the site?

Ken Fex felt there were issues that needed to be addressed at this site before it could be approved. One is access to Wilson Ave. and another the impact on the flood plain.

Mr. Thomas replied that there are a number of issues that need to be worked on. The variance comes first. Things have been pointed out to us by the Fire and Police Departments. He went on to say that the building has to be 72 to 75 ft. high to operate.

Rebecca Haven asked about the public road on the site plan.

Dave Shaw, Land & Co. replied that this is a preliminary site plan and that is a proposed public road and not an actual road. He went on to say that they will augment natural vegetation on the site to meet the landscaping requirements.

Roger Crabtree commented that the building will be 8 ½ ft. taller than the hill closest to it.

Tyler Korfhage stated that he felt this project fits into the site.

Charles Deshaine does not feel that the height will affect this area and be offensive. What about the noise level?

Mr. Thomas replied that there will be no noise from this plant.

Charles Deshaine moved and Roger Crabtree supported the motion to grant the applicant’s request to build a concrete batch plant 75 ft. in height instead of the required 45 ft.

a. There are exceptional or extraordinary circumstances applicable to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district. A building taller than 45 ft. is necessary for the operation of a concrete batch plant.

b. The variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same zoning district and in the vicinity. There is no zoning within the City of Walker that allows for a building taller than 45 ft.

c. Authorization of the variance will not be of a substantial detriment to adjacent property and will not materially impair the intent and purpose of the ordinance or public interest in that the site offers much natural screening which includes a forested wetland area along Wilson Ave. to the east, the Kent County landfill and the Grand River to the south, and a sharp rise in elevation on the land to the north.

d. The condition or the situation of the piece of property or the intended use of the property for which the variance is sought is not so general or recurrent a nature as to make reasonably practicable for the formulation of a general regulation. The parcel split is situated in the middle of a 195 acre piece of land formerly owned by Fenske Enterprise for the operation of a landfill.

e. Does not apply.

Motion carried 6 to 1. Ken Fex opposed.

Ken Fex moved and Tyler Korfhage supported the motion to approve the minutes of April 13, 2006.

Motion carried 7 to 0.

Roger Crabtree 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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