ZBA Minutes
MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, June 22, 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; Jay
VanSoestsberg; Charles Deshaine; Ken Fex; and Tyler Korfhage. Member
absent: Rebecca Haven. Also present: Jeff Nelson, Building Department;
and Bonnie Antcliff, Recording Secretary.
DECISION AND ORDER
Legal Description
Property located at 200 North Park also known on the
tax rolls as 41-14-06-176-001. Hearing requested by CBS Outdoor.
The applicant’s request is to construct a billboard
35 ft. above the road grade of I-96 instead of the average grade below
the billboard site.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No other citizen appeared with respect to this application.
Jeff Nelson stated that Mr. Hucel has provided a survey that shows
the elevations and location of the proposed billboard.
Mr. Hucel stated that the billboard location is 87.8 ft. that is the
height above sea level.
Ken Fex asked how high is this sign going to be?
Jeff Nelson replied that it is going to be 35 ft. from the freeway
elevation because it is down in a hole.
Mr. Hucel stated that the 87.8 ft. is from the ground level at the
base of the sign.
Charles Deshaine asked if this was a typical billboard or does it
flip with two advertisements?
Mr. Hucel replied that it is a typical billboard.
Motion
Ken Fex moved to deny the applicant’s request to construct a
billboard 35 ft. above the road grade of I-96 instead of the average
grade below the billboard site. The motion failed for lack of support.
Roger Crabtree stated that they want to be 35 ft. above I-96 and 26
ft. above US- 131 so if you are on I-96 it is going to be 35 ft. above
that but if you are on 131 it is going to be 73 ft. in the air. If the
pylon sign is double faced, it will be visible mostly from US 131. His
concern is how much should people on I-96 be looking at something 35 ft.
above where they are.
Mr. Hucel replied that on the survey the US-131 elevation is 114.9
ft. by North Park and then it goes down to 100 ft. as it goes under the
I-96 overpass. Our proposed billboard is for 131 not for I-96. In order
to see the sign on northbound 131, you are going to have to be over the
overpass. He stated that 35 ft. will put us at the tree line. He went on
to say that because of the close proximity to the overpass, we need this
height so you can see over the overpass.
Roger Crabtree felt it would be better if they could keep the top of
it down to 60 or 65 ft. it would be better. Right now it is 73 ft.
Robert Marz, Chairman asked the applicant if it would lowered 10 ft.,
would that be acceptable?
Mr. Hucel said he thought they could try that.
Motion
Roger Crabtree moved and Tyler Korfhage supported the motion to grant
the applicant’s request to construct a billboard 35 ft. above the road
grade of I-96 instead of the average grade below the billboard site.
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. The billboard is down in a hole.
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. A billboard on this
property close to this location had a variance for height.
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
this is a highly industrial/freeway location and there should be
no detriment to the surrounding area.
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. Because
buildings, light poles and other equipment around this location
are taller in this industrial area than in residentially zoned
areas.
Does not apply.
The Board imposed the following condition:
1. The sign be a maximum of 65 ft. above the grade of the sign
location.
Motion carried 5 to 1. Ken Fex opposed.
DECISION AND ORDER
Legal Description
Property located at 1667 Wilson, SS also known on the tax rolls as
41-17-06-326-009. Hearing requested by New Life Apostolic Assembly.
The applicant’s request is to install a ground mounted sign for
Greater Life Penecostal which exceeds the 6 sq. ft. allowed in the
zoning district and height requirement for a sign located 2 ft. from the
front property line instead of the required 4 ft.
Finding of Facts
Robert Marz, Chairman reviewed the application and site plan
submitted. No other citizen appeared with respect to this application.
Jeff Nelson stated that we are looking at two items here. One is that
the size of the sign exceeds the allowable square feet and the other is
that is closer than 4 ft. to the property line.
Robert Marz asked if the proposed sign will be in the same location
as the present sign?
The applicant replied that there are two signs there now. Both signs
will be taken down and the one with the brick is where the new sign will
be placed. It will be the same setback.
Tyler Korfhage asked how wide is the current sign with the brick?
The applicant replied that it is 6 ft wide and 4 ft. tall.
Roger Crabtree asked if there was a reason why the sign could not be
moved back 2 ft.?
The applicant replied no it cannot, because of the parking lot.
Charles Deshaine stated that he felt a new sign will enhance the
area.
The applicant stated that the new sign will state just the name of
the church with much smaller letters and the service times.
Ken Fex asked if the sign will be illuminated?
The applicant replied yes, the current sign is also externally
illuminated. The new sign will be back lite.
Motion
Tyler Korfhage moved and Charles Deshaine supported the motion to
grant the applicant’s request to install a ground mounted sign for
Greater Life Penecostal which exceeds the 6 sq. ft. allowed in the
zoning district and height requirement for a sign located 2 ft. from the
front property line instead of the required 4 ft.
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. The unique nature of a church necessitates signage to
present itself to those who desire to worship there. A larger sign
is required to be seen by traffic passing by.
The variance is necessary for the preservation and enjoyment of
a substantial property right similar to that possessed by other
properties in the vicinity. The variance will preserve the right
to have the necessary signage for the church building.
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
there will be no detriment to adjacent properties. The new signage
will be smaller, less obstructing, and more aesthetically pleasing
than the current signage.
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. Because
the majority of surrounding property is residential or light
agricultural, it does not necessitate a general ordinance allowing
larger signage.
Does not apply.
The Board imposed the following condition:
1. All other signs be removed from the property.
Motion carried 6 to 0.
Motion
Ken Fex moved and Roger Crabtree supported the motion to accept the
ammended minutes of the Zoning Board of Appeals of May 25, 2006.
Motion carried 6 to 0.
Motion
Roger Crabtree moved and Ken Fex supported the motion to adjourn the
Zoning Board meeting at 8:00 p.m.
Motion carried 6 to 0.
____________________________
Roger Crabtree, Secretary
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