ZBA Minutes

MEETING
CITY OF WALKER
ZONING BOARD OF APPEALS
Thursday, January 25, 2007
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; James Hickey; Ken Fex; and Tyler Korfhage. Also present: Jeff Nelson, Building Department and Bonnie Antcliff, Recording Secretary.

Property located at 3365 Evert also known on the tax rolls as 41-13-17-477-010. Hearing requested by Kevin Dewey.

The applicant’s request is to build a 28 x 36 ft. attached garage 30 ft. from the front property line instead of the required 35 ft. with a 5 ft. rear yard instead of the required 25 ft. and larger than 832 sq. ft. Existing attached garage and driveway to be removed.

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

Robert Marz asked the applicant if he was going to remove the existing garage?

Mr. Dewey replied yes, he is removing the existing garage and the driveway.

Ken Fex asked if the driveway will be concrete?

Mr. Dewey replied that yes, it will be poured concrete.

Jim Hickey asked the applicant if they are going to remove the large tree in the front yard?

Mr. Dewey replied yes, the driveway will not fit there otherwise. The garage will be attached. The existing shed will be removed.

Charles Deshaine asked the applicant what his time frame was to do this project?

Mr. Dewey replied, by the end of summer, August.

Ken Fex stated that he did not think this will add a burden to this corner and there will be a lot of room here. It felt it would be an improvement to the area.

Tyler Korfhage commented that the existing garage is out of compliance now.

Jim Hickey moved and Chuck Deshaine supported the motion to approve the applicant’s request to build a 28 x 36 ft. attached garage 30 ft. from the front property line instead of the required 35 ft. with a 5 ft. rear yard instead of the required 25 ft. and larger than 832 sq. ft. Existing attached garage and driveway to be removed.

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. This is an irregular corner lot size and the position that the house is on, eliminates the additions and expansion desired.

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. 695 Lincoln Lawns, 2995 Vista View Ct., 300 Cummings

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 lot corner lot and does not obstruct or impair the view.

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 of so general or recurrent a nature as to make reasonably practicable for the formulation of a general regulation. There is no room in rear or side of the property for an extension of existing garage or an additional structure.

Does not apply.

The Board imposed the following condition:

1. The existing garage be removed.

Motion carried 7 to 0.

Property located at 3677 3 Mile Rd., NW also known on the tax rolls as 41-13-05-376-11. Hearing requested by Dykstra Construction.

The applicant’s request is to have limited vehicle and equipment sales in an industrial district and to be judged similar to other permitted uses in the ML District in conjunction with the existing excavating business.

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

Jeff Nelson stated that the only other way to do this is to go for a use variance and he did not feel they could do that. He stated that the applicant bought in something for me to sign so that they could do car sales and have a broker’s license. The zoning of the property did not allow for that, so they are here for a variance. The state does not distinguish between someone that wants to do this type of business and someone that wants to run a car lot. The best way is to have some stipulations here on what they can and cannot sell.

Charles Deshaine asked the applicant where the machinery that they are going to sell will be located on the property and how will you advertise?

Mr. Dykstra replied that for the last 30 or 40 years we have had a crew of 5 mechanics and right now we really do not need 5 mechanics. Throughout the years, we have always purchased a few pieces of equipment that we could refurbish. In the last couple of years we have probably done 3 or 4 of those. We bring them in, refurbish them, send them out, and all of those went to Chicago to the auction yard. Very few are sold on the site. We have barely enough room to bring half of our equipment into the yard, so we are not interested in bringing a whole lot of equipment in there. Only what the mechanics need to work on to keep them busy. Right now we are really trying to save a couple of jobs and keep our workers busy. With the construction business being down right now, we would really like to keep these people. We need something for them to work on and this year we may need to have 3 or 4 pieces of equipment. They are advertised in different construction magazines and most of them go to Chicago to the auction. There is not a lot of on-site sales. The equipment will be out back on the property. Right now there is only one vehicle on the site that needs to be reconditioned. He went on to say that there is probably only about 1/3 of the equipment we own on the site right now. The yard is not big enough to hold all the equipment we own at one time.

Chuck Deshaine asked if he were driving down 3 Mile, would he know that something was for sale on this property?

Mr. Dykstra stated that we have a sign out front that says we have equipment for sale. We have not had a lot of good response to that. If we really want to sell something, we need to spend the money to advertise or send it to the auction. He stated we really need to sell this right away if we are not going to use it.

Rebecca Haven stated that we granted Kubota a variance recently for a similar request and we put some stipulations on it dealing with screening, and how far back the public display area would be.

Jim Hickey replied that when Kubota came to the Planning Commission, they were told that they needed to have the pieces of equipment behind the fence and they had to be back 125 ft. from the right-of-way except to use it as a demonstration area. Dykstra’s area is an entrance into the City of Walker and we want to keep it decent looking.

Chuck Deshaine stated his main concern is what this will look like.

Rebecca Haven stated that she would hesitate to restrict any rights that the applicant has on his property.

Roger Crabtree felt this should be limited to commercial equipment for construction if this is granted.

Ken Fex stated that he is afraid of what this is going to look like.

Jim Hickey stated that he felt if restrictions were put upon this, it could be pretty well controlled.

Tyler Korfhage stated that he did not want to see equipment sitting along 3 Mile Rd. for sale.

James Hickey moved and Tyler Korfhage supported the motion to grant the applicant’s request to have limited vehicle and equipment sales in an industrial district and to be judged similar to other permitted uses in the ML District, in conjunction with the existing excavating business.

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. This is a major construction yard and we want a license to wholesale here.

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. Taber & Ottenwess, & Kubota have full retail & parts services.

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 ordinances or public interest in that our premises will look the same as they do now. It would enable us to run equipment through a public auction instead of parking equipment out by the road.

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. We are not opening or operating a used car lot or anything of that nature. We would like to be able to buy and sell at wholesale.

Does not apply.

The Board imposed the following conditions:

Motion carried 6 to 1. Ken Fex opposed.

Roger Crabtree moved and Ken Fex supported the motion to approve the Zoning Board of Appeals minutes of January 11, 2007.

Motion carried 7 to 0.

Ken Fex moved and Roger Crabtree supported the motion to adjourn the Zoning Board of Appeals meeting at 8:30 p.m.

Motion carried 7 to 0

________________________

Roger Crabtree, Secretary

Government  |  Departments  |  Community  |  Resource Center
Contact Us  |  Search  |  Site Map  |  Home  |  Site Use Policy

The City of Walker, Michigan
4243 Remembrance Rd. NW
Walker, MI  49534
(616)453-6311
City Hall hours: Mon-Thursday from 7:30am to 5:30pm. Closed Fridays
All information © 2012 City of Walker

Contact Us!
If you would like to leave general comments about the website, click here.
Click here to report technical problems with the website.